58
Tender No. : 13000112-HD-48002 Tender Published On : 30-Apr-2013 18:04 Basic Information Of Tender Title CRCA COILS FOR ASPHALT DRUMS Description CRCA COILS FOR ASPHALT DRUMS Tender Type Public Tender Scope Domestic Bid Type Two Bid Evaluation Criteria Item Wise Tender Due Date & Time 24-May-2013 13:30 Pre Bid Conference Start Date & Time Pre Bid Conference End Date & Time Queries Start Date & Time 30-Apr-2013 15:00 Quries End Date & Time 22-May-2013 13:30 Un Priced Bid Open Date & Time 24-May-2013 13:30 Tender Description Please note that this is an ePublic Tender. Please log in at site https://etender.hpcl.co.in and respond to the tender.Bidders shall go through the Modality of Bid Submission attached with the NIT and the tender documents of tender before quoting. Bidders shall attend the Pre-Bid Meeting if present in NIT (date and time indicated in the tender) at Mumbai Refinery site and the details of the contact person is indicated in the tender. Please note that this is an online tender and on line response submitted at site (https://etender.hpcl.co.in) shall only be accepted. No other mode of submission (hard copies in the form of fax, submission by hand etc. or email submission etc.) shall be accepted. The Server Date Time as appearing on the HPCL website (https://etender.hpcl.co.in) shall only be considered for the cut-off date and time for receipt of tenders. For submitting on line response Digital Certificate / Signatures (Class II/ Class III) shall be mandatory. For already existing vendors, in case you are logging in for the first time please ensure to upload your Digital certificate. The process for same is listed in the Help link after logging in. PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE VENDOR CODE AND CORRESPONDING BILL TRACKING SYSTEM (BTS) PASSWORD TO BID FOR THE TENDER. New bidders will have to temporarily register to be able to quote for this tender in eProc system. In case of any difficulty in logging or in case you do not have the BTS password, please contact Eproc helpdesk at: 022- 42100111 on any day between 10.00 AM to 6.00PM except on Sundays/Public holidays. Please refer to help link after logging in, in case you are new to e- Tender.PROCEDURE/STEPS FOR SUBMISSION OF E-BID:1. If you are logging in for the first time, please upload your digital certificate (public key) through the link ¿Digital certificate¿ in the left side. (The digital certificate should have ¿Non repudiation¿ attribute). The concerned Purchase officer will validate the same, after which the message in link shall read as ¿Existing Signing Digital CertificateExpires on:¿ Only after this message you can submit bid successfully.(This is a onetime activity till certificate expiry).2. To know, how to prepare and submit bid, please refer the ¿HELP¿ tab. You will be guided with a step by step procedure for bid preparation and submission of the same.3. For help on any specific topic, like ¿how to raise query¿ etc., please click on the help link and select the appropriate topic for a step by step procedure on same.4. Please note that, you can submit more than one bid against a tender.However, only the latest successful bid shall be considered for evaluation.5. Please download and install the PDF signing utility (J Sign PDF) from the ¿Utilities¿ link, which can be used to signing tender document prior to submission of same. Please note that your digital certificate should be uploaded / existing in your browser to enable Jsign pdf in signing documents.6. Please ensure to use Internet Explorer 7 or above to open and work on this application.7. Please download &install the program JDK 1.6 from the utilities link, if not already installed for this application to work properly.8. Please note that opening of bids can be witnessed through the menu ¿Witness bid opening¿ after the un-priced/priced bid opening date has passed.NOTE: For Disclaimers, please refer the login home page.MODE OF BIDDING:1. Bidders shall ensure compliance of the following while bidding:Please ensure to specify the following under the ¿Prepare TechnicalResponse ¿¿Deviation Form Heading¿:(a) In case of NIL Deviation, kindly ensure to specify NIL.(b) In case of any deviation(s), the same is to be entered in the table provided.(NOTE: In case Deviation Form is left blank, the next step cannot be initiated)GENERAL TERMS AND CONDITIONS:1. The tender should be submitted online at website https://etender.hpcl.co.in only, by the due date and time, as specified in the tender. The Server Date & Time as appearing on the HPCL website (https://etender.hpcl.co.in) shall only be considered for thecut-off date and time for receipt of tenders.2. HPCL-MR reserves the right to reject the entire/ any part of the Vendor¿s Offer and/ or to award the order for the whole or part of the above RFQ.3. HPCL-MR shall not be bound to accept the Vendor¿s Offer, nor shall HPCL-MR be bound to give any reasons for rejection of the Vendor¿s Offer.4. The Vendor(s) should submit their Offer along with the requisite detailsspecified in the RFQ.5. The Vendor's Offer is liable for rejection if it does not comply with the RFQ format or if it is incomplete.6. Bidders shall be required to arrange all resources, including Digital Signatures/Certificates and Internet Connections at their own cost, forparticipating in online tenders at HPCL e- Procurement site.7. HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as submitting offers, including connectivity issues.HPCL shall not be responsible for any postal or other delays in submitting EMD / tender cost wherever applicable.8. Cost of bidding: The bidder shall bear all costs associated with the preparation and submission of the bid, and Hindustan Petroleum Corporation Limited (HPCL), will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.9. HPCL may issue clarifications / amendments in the form of online addendum / corrigendum and on Message Board at https://etender.hpcl.co.in during the bidding period and may also issue amendments subsequent to receiving the bids. For theaddendum/corrigendum issued during the bidding period, bidders shall confirm the inclusion of addendum/corrigendum/Messages on Message Board in their bid. Bidder shall follow the instructions issued along with addendum/corrigendum/Messages on Message Board.10. Bidders shall examine the Bidding Document thoroughly and submit to HPCL any apparent conflict, discrepancy or error. HPCL shall issue appropriate clarifications or amendments, if required. Any failure by Bidder to comply with the aforesaid shall not excuse the Bidder from performing the Services in accordance with the contract ifsubsequently awarded.11. Bidder shall treat the Bidding Document and contents therein as private and confidential and shall not use the Bidding Document for any other purposes.GRIEVANCE REDRESSAL: There is Grievance Redressal Mechanism in HPCL for vendors participating in the tender, the details of which are available on HPCL's website www.hindustanpetroleum.com. Notice Inviting Tender Please note that this is an ePublic Tender. Please log in at site https://etender.hpcl.co.in and respond to the tender. Bidders shall go through the Modality of Bid Submission attached with the NIT and the tender documents of tender before quoting. Bidders shall attend the Pre-Bid Meeting if present in NIT (date and time indicated in the tender) at Mumbai Refinery site and the details of the contact person is indicated in the tender. Please note that this is an online tender and on line response submitted at site (https://etender.hpcl.co.in) shall only be accepted. No other mode of submission (hard copies in the form of fax, submission by hand etc. or email submission etc.) shall be accepted. The Server Date Time as appearing on the HPCL website (https://etender.hpcl.co.in) shall only be considered for the cut-off date and time for receipt of tenders. For submitting on line response Digital Certificate / Signatures (Class II/ Class III) shall be mandatory. For already existing vendors, in case you are logging in for the first time please ensure to upload your Digital certificate. The process for same is listed in the Help link after logging in. PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE VENDOR CODE AND CORRESPONDING BILL TRACKING SYSTEM (BTS) PASSWORD TO BID FOR THE TENDER. New bidders will have to temporarily register to be able to quote for this tender in eProc system. In case of any difficulty in logging or in case you do not have the BTS password, please contact Eproc helpdesk at: 022- 42100111 on any day between 10.00 AM to 6.00PM except on Sundays/Public holidays. Please refer to help link after logging in, in case you are new to e-Tender. PROCEDURE/STEPS FOR SUBMISSION OF E-BID: 1. If you are logging in for the first time, please upload your digital certificate (public key) through the link ¿Digital certificate¿ in the left side. (The digital certificate should have ¿Non repudiation¿ attribute). The concerned Purchase officer will validate the same, after which the message in link shall read as ¿Existing Signing Digital Certificate Expires on:¿ Only after this message you can submit bid successfully.(This is a onetime activity till certificate expiry). Digitally signed by PATIL SIDDHARTH KONDBAJI Date: 2013.04.30 18:10:56 IST Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Basic Information Of TenderTitle CRCA COILS FOR ASPHALT DRUMS

Description CRCA COILS FOR ASPHALT DRUMS

Tender Type Public

Tender Scope Domestic

Bid Type Two Bid

Evaluation Criteria Item Wise

Tender Due Date amp Time 24-May-2013 1330

Pre Bid Conference Start Date amp Time

Pre Bid Conference End Date amp Time

Queries Start Date amp Time 30-Apr-2013 1500

Quries End Date amp Time 22-May-2013 1330

Un Priced Bid Open Date amp Time 24-May-2013 1330

Tender Description Please note that this is an ePublic Tender Please log in at site httpsetenderhpclcoin and respond to thetenderBidders shall go through the Modality of Bid Submission attached with the NIT and the tender documents oftender before quoting Bidders shall attend the Pre-Bid Meeting if present in NIT (date and time indicated in thetender) at Mumbai Refinery site and the details of the contact person is indicated in the tender Please note that thisis an online tender and on line response submitted at site (httpsetenderhpclcoin) shall only be accepted No othermode of submission (hard copies in the form of fax submission by hand etc or email submission etc) shall beaccepted The Server Date Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only beconsidered for the cut-off date and time for receipt of tenders For submitting on line response Digital Certificate Signatures (Class II Class III) shall be mandatory For already existing vendors in case you are logging in for thefirst time please ensure to upload your Digital certificate The process for same is listed in the Help link after loggingin PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE VENDOR CODE AND CORRESPONDING BILL TRACKINGSYSTEM (BTS) PASSWORD TO BID FOR THE TENDER New bidders will have to temporarily register to be ableto quote for this tender in eProc system In case of any difficulty in logging or in case you do not have the BTSpassword please contact Eproc helpdesk at 022- 42100111 on any day between 1000 AM to 600PM except onSundaysPublic holidays Please refer to help link after logging in in case you are new to e-TenderPROCEDURESTEPS FOR SUBMISSION OF E-BID1 If you are logging in for the first time please uploadyour digital certificate (public key) through the link iquestDigital certificateiquest in the left side (The digital certificate shouldhave iquestNon repudiationiquest attribute) The concerned Purchase officer will validate the same after which the messagein link shall read as iquestExisting Signing Digital CertificateExpires oniquest Only after this message you can submit bidsuccessfully(This is a onetime activity till certificate expiry)2 To know how to prepare and submit bid please referthe iquestHELPiquest tab You will be guided with a step by step procedure for bid preparation and submission of the same3For help on any specific topic like iquesthow to raise queryiquest etc please click on the help link and select the appropriatetopic for a step by step procedure on same4 Please note that you can submit more than one bid against atenderHowever only the latest successful bid shall be considered for evaluation5 Please download and install thePDF signing utility (J Sign PDF) from the iquestUtilitiesiquest link which can be used to signing tender document prior tosubmission of same Please note that your digital certificate should be uploaded existing in your browser to enableJsign pdf in signing documents6 Please ensure to use Internet Explorer 7 or above to open and work on thisapplication7 Please download ampinstall the program JDK 16 from the utilities link if not already installed for thisapplication to work properly8 Please note that opening of bids can be witnessed through the menu iquestWitness bidopeningiquest after the un-pricedpriced bid opening date has passedNOTE For Disclaimers please refer the loginhome pageMODE OF BIDDING1 Bidders shall ensure compliance of the following while biddingPlease ensure tospecify the following under the iquestPrepare TechnicalResponse iquestiquestDeviation Form Headingiquest(a) In case of NILDeviation kindly ensure to specify NIL(b) In case of any deviation(s) the same is to be entered in the tableprovided(NOTE In case Deviation Form is left blank the next step cannot be initiated)GENERAL TERMS ANDCONDITIONS1 The tender should be submitted online at website httpsetenderhpclcoin only by the due dateand time as specified in the tender The Server Date amp Time as appearing on the HPCL website(httpsetenderhpclcoin) shall only be considered for thecut-off date and time for receipt of tenders2 HPCL-MRreserves the right to reject the entire any part of the Vendoriquests Offer and or to award the order for the whole or partof the above RFQ3 HPCL-MR shall not be bound to accept the Vendoriquests Offer nor shall HPCL-MR be bound togive any reasons for rejection of the Vendoriquests Offer4 The Vendor(s) should submit their Offer along with therequisite detailsspecified in the RFQ5 The Vendors Offer is liable for rejection if it does not comply with the RFQformat or if it is incomplete6 Bidders shall be required to arrange all resources including DigitalSignaturesCertificates and Internet Connections at their own cost forparticipating in online tenders at HPCL e-Procurement site7 HPCL shall not be responsible for any delays reasons whatsoever in receiving as well assubmitting offers including connectivity issuesHPCL shall not be responsible for any postal or other delays insubmitting EMD tender cost wherever applicable8 Cost of bidding The bidder shall bear all costs associated withthe preparation and submission of the bid and Hindustan Petroleum Corporation Limited (HPCL) will in no case beresponsible or liable for these costs regardless of the conduct or outcome of the bidding process9 HPCL may issueclarifications amendments in the form of online addendum corrigendum and on Message Board athttpsetenderhpclcoin during the bidding period and may also issue amendments subsequent to receiving thebids For theaddendumcorrigendum issued during the bidding period bidders shall confirm the inclusion ofaddendumcorrigendumMessages on Message Board in their bid Bidder shall follow the instructions issued alongwith addendumcorrigendumMessages on Message Board10 Bidders shall examine the Bidding Documentthoroughly and submit to HPCL any apparent conflict discrepancy or error HPCL shall issue appropriateclarifications or amendments if required Any failure by Bidder to comply with the aforesaid shall not excuse theBidder from performing the Services in accordance with the contract ifsubsequently awarded11 Bidder shall treatthe Bidding Document and contents therein as private and confidential and shall not use the Bidding Document forany other purposesGRIEVANCE REDRESSAL There is Grievance Redressal Mechanism in HPCL for vendorsparticipating in the tender the details of which are available on HPCLs website wwwhindustanpetroleumcom

Notice Inviting Tender Please note that this is an ePublic Tender Please log in at site httpsetenderhpclcoin and respond to the tenderBidders shall go through the Modality of Bid Submission attached with the NIT and the tender documents of tenderbefore quoting Bidders shall attend the Pre-Bid Meeting if present in NIT (date and time indicated in the tender) atMumbai Refinery site and the details of the contact person is indicated in the tender

Please note that this is an online tender and on line response submitted at site (httpsetenderhpclcoin) shall onlybe accepted No other mode of submission (hard copies in the form of fax submission by hand etc or emailsubmission etc) shall be accepted The Server Date Time as appearing on the HPCL website(httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders For submittingon line response Digital Certificate Signatures (Class II Class III) shall be mandatory For already existing vendorsin case you are logging in for the first time please ensure to upload your Digital certificate The process for same islisted in the Help link after logging in PLEASE LOGIN WITH YOUR EIGHT DIGIT JDE VENDOR CODE ANDCORRESPONDING BILL TRACKING SYSTEM (BTS) PASSWORD TO BID FOR THE TENDER New bidders willhave to temporarily register to be able to quote for this tender in eProc system

In case of any difficulty in logging or in case you do not have the BTS password please contact Eproc helpdesk at022- 42100111 on any day between 1000 AM to 600PM except on SundaysPublic holidays Please refer to helplink after logging in in case you are new to e-Tender

PROCEDURESTEPS FOR SUBMISSION OF E-BID1 If you are logging in for the first time please upload your digital certificate (public key) through the link iquestDigitalcertificateiquest in the left side (The digital certificate should have iquestNon repudiationiquest attribute) The concerned Purchaseofficer will validate the same after which the message in link shall read as iquestExisting Signing Digital CertificateExpires oniquest Only after this message you can submit bid successfully(This is a onetime activity till certificate expiry)

Digitally signed byPATIL SIDDHARTHKONDBAJIDate 20130430181056 IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Delivery Terms - Free to Destination location unless specified otherwise Validity of offer - 120 days from the initial or extended Due Date for submission

of Tender whichever is later unless specified otherwise Liquidated Damages accepted unless specified otherwise

In case bidder does not deviate from the standard offer validity in on line deviation form bidrsquos offer validity shall be considered as mentioned above

In case a Revised priced bid is initiated for this tender at a later date (eg Technical evaluation stage etc) it shall be incumbent upon the bidder to submit

revised bids for the specified itemsentire tender In the absence of revised bids rom the bidder within specified time period the original bid submitted by

the bidder shall not be considered for evaluation

2 To know how to prepare and submit bid please refer the iquestHELPiquest tab You will be guided with a step by stepprocedure for bid preparation and submission of the same3 For help on any specific topic like iquesthow to raise queryiquest etc please click on the help link and select theappropriate topic for a step by step procedure on same4 Please note that you can submit more than one bid against a tenderHowever only the latest successful bid shallbe considered for evaluation5 Please download and install the PDF signing utility (J Sign PDF) from the iquestUtilitiesiquest link which can be used tosigning tender document prior to submission of same Please note that your digital certificate should be uploaded existing in your browser to enable Jsign pdf in signing documents6 Please ensure to use Internet Explorer 7 or above to open and work on this application7 Please download ampinstall the program JDK 16 from the utilities link if not already installed for this application towork properly

8 Please note that opening of bids can be witnessed through the menu iquestWitness bid openingiquest after the un-pricedpriced bid opening date has passedNOTE For Disclaimers please refer the login home page

MODE OF BIDDING1 Bidders shall ensure compliance of the following while biddingPlease ensure to specify the following under the iquestPrepare Technical Response iquestiquestDeviation Form Headingiquest(a) In case of NIL Deviation kindly ensure to specify NIL(b) In case of any deviation(s) the same is to be entered in the table provided(NOTE In case Deviation Form is left blank the next step cannot be initiated)

Currency Type Tender Fee EMD

INR 25400000

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Line Details Of TenderSrlNo

Line Description UOM Quantity Mandatory

Items Manadatory Yes

1 CRCA BODY COIL 063MM X896MM Metric Ton 2450 Yes

2 CRCA END COIL 063MM X 1120 MM Metric Ton 1050 Yes

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Terms and ConditionsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Tender Tender 13000112pdf - No

2 Temporary vendor registration manual Temporary Vendor registrationmanualpdf

- No

3 Bidding manual Vendor Bidding module step bystep NEWpdf

- No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Number of Venders required 2 DELIVERY PERIOD Delivery period is the essence of our tender Material shall be delivered to HPCLs specified drum manufactures within 45 days from the date of placement of call upEach parcel should be sent with Material Test Certificate HPCL reserves the right to accept or reject bids having higher than the required delivery period In case vendor is unable to meet the delivery period stipulated above he may advise his best possible delivery If no vendor accepts HPCLs stipulated delivery period only the vendorvendors closely matching our stipulated delivery period will be considered for evaluation Validity of PO Validity of contract will be for six months from date of POLOI Location of Delivery of material Material to be delivered to fabricator shop shall be in 7030 ratio for body amp End coils respectively Drums fabricator will be located within 200 kms radius from Mumbai Refinery which would include union territories and states other than maharashtra HPCL will inform location of fabricator at the time of each call up Quantity Total qty shall be 3500 metric tons for whole tender with tolerance of 5 (Plus or minus as case be) on total quantity of tender Payment 30 days after receipt and acceptance of material at site Body coil CRCA 063mm X 896mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 896 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 Grade 0 skin assed close annealed (Soft temper) 3 Carbon Low (not to exceed 015) 4 Sulfur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mmHowever you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life End coil CRCA 063mm X 1120mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 1120 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 (super ceding IS- 40301973) Grade 0 skin passed Close annealed (soft temper) 3 Carbon Low (not to exceed 015) 4 Sulphur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mm However you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp 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 between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the 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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE The Owner reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or partially in a written notice to the vendor if

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties owned by the vendor

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Delivery Terms - Free to Destination location unless specified otherwise Validity of offer - 120 days from the initial or extended Due Date for submission

of Tender whichever is later unless specified otherwise Liquidated Damages accepted unless specified otherwise

In case bidder does not deviate from the standard offer validity in on line deviation form bidrsquos offer validity shall be considered as mentioned above

In case a Revised priced bid is initiated for this tender at a later date (eg Technical evaluation stage etc) it shall be incumbent upon the bidder to submit

revised bids for the specified itemsentire tender In the absence of revised bids rom the bidder within specified time period the original bid submitted by

the bidder shall not be considered for evaluation

2 To know how to prepare and submit bid please refer the iquestHELPiquest tab You will be guided with a step by stepprocedure for bid preparation and submission of the same3 For help on any specific topic like iquesthow to raise queryiquest etc please click on the help link and select theappropriate topic for a step by step procedure on same4 Please note that you can submit more than one bid against a tenderHowever only the latest successful bid shallbe considered for evaluation5 Please download and install the PDF signing utility (J Sign PDF) from the iquestUtilitiesiquest link which can be used tosigning tender document prior to submission of same Please note that your digital certificate should be uploaded existing in your browser to enable Jsign pdf in signing documents6 Please ensure to use Internet Explorer 7 or above to open and work on this application7 Please download ampinstall the program JDK 16 from the utilities link if not already installed for this application towork properly

8 Please note that opening of bids can be witnessed through the menu iquestWitness bid openingiquest after the un-pricedpriced bid opening date has passedNOTE For Disclaimers please refer the login home page

MODE OF BIDDING1 Bidders shall ensure compliance of the following while biddingPlease ensure to specify the following under the iquestPrepare Technical Response iquestiquestDeviation Form Headingiquest(a) In case of NIL Deviation kindly ensure to specify NIL(b) In case of any deviation(s) the same is to be entered in the table provided(NOTE In case Deviation Form is left blank the next step cannot be initiated)

Currency Type Tender Fee EMD

INR 25400000

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Line Details Of TenderSrlNo

Line Description UOM Quantity Mandatory

Items Manadatory Yes

1 CRCA BODY COIL 063MM X896MM Metric Ton 2450 Yes

2 CRCA END COIL 063MM X 1120 MM Metric Ton 1050 Yes

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Terms and ConditionsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Tender Tender 13000112pdf - No

2 Temporary vendor registration manual Temporary Vendor registrationmanualpdf

- No

3 Bidding manual Vendor Bidding module step bystep NEWpdf

- No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Number of Venders required 2 DELIVERY PERIOD Delivery period is the essence of our tender Material shall be delivered to HPCLs specified drum manufactures within 45 days from the date of placement of call upEach parcel should be sent with Material Test Certificate HPCL reserves the right to accept or reject bids having higher than the required delivery period In case vendor is unable to meet the delivery period stipulated above he may advise his best possible delivery If no vendor accepts HPCLs stipulated delivery period only the vendorvendors closely matching our stipulated delivery period will be considered for evaluation Validity of PO Validity of contract will be for six months from date of POLOI Location of Delivery of material Material to be delivered to fabricator shop shall be in 7030 ratio for body amp End coils respectively Drums fabricator will be located within 200 kms radius from Mumbai Refinery which would include union territories and states other than maharashtra HPCL will inform location of fabricator at the time of each call up Quantity Total qty shall be 3500 metric tons for whole tender with tolerance of 5 (Plus or minus as case be) on total quantity of tender Payment 30 days after receipt and acceptance of material at site Body coil CRCA 063mm X 896mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 896 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 Grade 0 skin assed close annealed (Soft temper) 3 Carbon Low (not to exceed 015) 4 Sulfur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mmHowever you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life End coil CRCA 063mm X 1120mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 1120 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 (super ceding IS- 40301973) Grade 0 skin passed Close annealed (soft temper) 3 Carbon Low (not to exceed 015) 4 Sulphur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mm However you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp 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 between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the 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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE The Owner reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or partially in a written notice to the vendor if

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties owned by the vendor

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 3: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Line Details Of TenderSrlNo

Line Description UOM Quantity Mandatory

Items Manadatory Yes

1 CRCA BODY COIL 063MM X896MM Metric Ton 2450 Yes

2 CRCA END COIL 063MM X 1120 MM Metric Ton 1050 Yes

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Terms and ConditionsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Tender Tender 13000112pdf - No

2 Temporary vendor registration manual Temporary Vendor registrationmanualpdf

- No

3 Bidding manual Vendor Bidding module step bystep NEWpdf

- No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Number of Venders required 2 DELIVERY PERIOD Delivery period is the essence of our tender Material shall be delivered to HPCLs specified drum manufactures within 45 days from the date of placement of call upEach parcel should be sent with Material Test Certificate HPCL reserves the right to accept or reject bids having higher than the required delivery period In case vendor is unable to meet the delivery period stipulated above he may advise his best possible delivery If no vendor accepts HPCLs stipulated delivery period only the vendorvendors closely matching our stipulated delivery period will be considered for evaluation Validity of PO Validity of contract will be for six months from date of POLOI Location of Delivery of material Material to be delivered to fabricator shop shall be in 7030 ratio for body amp End coils respectively Drums fabricator will be located within 200 kms radius from Mumbai Refinery which would include union territories and states other than maharashtra HPCL will inform location of fabricator at the time of each call up Quantity Total qty shall be 3500 metric tons for whole tender with tolerance of 5 (Plus or minus as case be) on total quantity of tender Payment 30 days after receipt and acceptance of material at site Body coil CRCA 063mm X 896mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 896 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 Grade 0 skin assed close annealed (Soft temper) 3 Carbon Low (not to exceed 015) 4 Sulfur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mmHowever you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life End coil CRCA 063mm X 1120mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 1120 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 (super ceding IS- 40301973) Grade 0 skin passed Close annealed (soft temper) 3 Carbon Low (not to exceed 015) 4 Sulphur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mm However you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp 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 between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the 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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE The Owner reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or partially in a written notice to the vendor if

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties owned by the vendor

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 4: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Terms and ConditionsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Tender Tender 13000112pdf - No

2 Temporary vendor registration manual Temporary Vendor registrationmanualpdf

- No

3 Bidding manual Vendor Bidding module step bystep NEWpdf

- No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Number of Venders required 2 DELIVERY PERIOD Delivery period is the essence of our tender Material shall be delivered to HPCLs specified drum manufactures within 45 days from the date of placement of call upEach parcel should be sent with Material Test Certificate HPCL reserves the right to accept or reject bids having higher than the required delivery period In case vendor is unable to meet the delivery period stipulated above he may advise his best possible delivery If no vendor accepts HPCLs stipulated delivery period only the vendorvendors closely matching our stipulated delivery period will be considered for evaluation Validity of PO Validity of contract will be for six months from date of POLOI Location of Delivery of material Material to be delivered to fabricator shop shall be in 7030 ratio for body amp End coils respectively Drums fabricator will be located within 200 kms radius from Mumbai Refinery which would include union territories and states other than maharashtra HPCL will inform location of fabricator at the time of each call up Quantity Total qty shall be 3500 metric tons for whole tender with tolerance of 5 (Plus or minus as case be) on total quantity of tender Payment 30 days after receipt and acceptance of material at site Body coil CRCA 063mm X 896mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 896 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 Grade 0 skin assed close annealed (Soft temper) 3 Carbon Low (not to exceed 015) 4 Sulfur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mmHowever you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life End coil CRCA 063mm X 1120mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 1120 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 (super ceding IS- 40301973) Grade 0 skin passed Close annealed (soft temper) 3 Carbon Low (not to exceed 015) 4 Sulphur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mm However you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp 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 between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the 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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE The Owner reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or partially in a written notice to the vendor if

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties owned by the vendor

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 5: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Number of Venders required 2 DELIVERY PERIOD Delivery period is the essence of our tender Material shall be delivered to HPCLs specified drum manufactures within 45 days from the date of placement of call upEach parcel should be sent with Material Test Certificate HPCL reserves the right to accept or reject bids having higher than the required delivery period In case vendor is unable to meet the delivery period stipulated above he may advise his best possible delivery If no vendor accepts HPCLs stipulated delivery period only the vendorvendors closely matching our stipulated delivery period will be considered for evaluation Validity of PO Validity of contract will be for six months from date of POLOI Location of Delivery of material Material to be delivered to fabricator shop shall be in 7030 ratio for body amp End coils respectively Drums fabricator will be located within 200 kms radius from Mumbai Refinery which would include union territories and states other than maharashtra HPCL will inform location of fabricator at the time of each call up Quantity Total qty shall be 3500 metric tons for whole tender with tolerance of 5 (Plus or minus as case be) on total quantity of tender Payment 30 days after receipt and acceptance of material at site Body coil CRCA 063mm X 896mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 896 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 Grade 0 skin assed close annealed (Soft temper) 3 Carbon Low (not to exceed 015) 4 Sulfur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mmHowever you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life End coil CRCA 063mm X 1120mm Specifications of CRC coils 1 Product Name 0 63 mm thick prime cold rolled steel sheets in widths of 1120 mm Skin passed annealed (soft temper) suitable for drum fabrication suitably oiled amp metal Packed for a long storage life 2 Spec to which the CRCA Coils should confirm IS-513 1994 (super ceding IS- 40301973) Grade 0 skin passed Close annealed (soft temper) 3 Carbon Low (not to exceed 015) 4 Sulphur 004 max 5 Phosphorus 0 03 max 6 Finish Dull suitable for painting 7 Tolerance Width tolerance = plus 7mm minus 0 mm Thickness tolerance Plus 0mm minus 006mm However you shall try to provide tolerance of plus 0mm amp minus 005mm 8 Weight of each coil Min 4 - 6 MT and Max 8 - 10 MT 9 I D of each coil Between 500 mm to 620 mm 10 The coil supplied should not have any loose winding and it should be tightly wound so that the Coils do not collapse as bell shaped during storage 11 The coils supplied should not have cut marks or patches 12 Proper oiling and metal packing should be done before delivery to ensure a long storage life

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp 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 between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the 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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE The Owner reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or partially in a written notice to the vendor if

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties owned by the vendor

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 6: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp 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 between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the 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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE The Owner reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or partially in a written notice to the vendor if

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties owned by the vendor

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 7: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 8: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Temporary Vendor registration manual

Please login to the site httpsetenderhpclcoin and click on the link New Users Click here for

temporary registeration

Now you will be taken to the Vendor registration page Pl click on さNew registerざ

Now a form will appear which has to be filled up and submitted

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 9: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Next a confirmation message will be displayed on screen and a auto email will be triggered to the mail Id provided above

Open the mail and click on the confirmation link Once a link has been made with our server the password entered will get activated

Now you can login to the site httpsetenderhpclcoin and click on さTemporary registered userざ Thereafter please enter your registered email Id and password as created by you to access the eproc site and submit bids

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 10: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Vendor Bidding module

In case a limited tender is published email intimation goes out to all vendors attached to the tender The email also intimates the login Id(eg Vendor No) with which you are supposed to log into the system In case of Public tender you may access site with the registered JDE vendor No or through temporary registration credentials The password shall be the ldquoBill tracking systemrdquo password which you may already have or you may call up on helpdesk(022-4210011)Purchase officer to obtain the same(The password is delivered through a system generated mail directly to your email inbox) Please type the URL httpsetenderhpclcoin in the (Internet Explorer 7 or above) address bar and click ldquoEnterrdquo Please note that application will not function properly in other browsers such as ChromeFirefoxSafari etc

On the above screen enter your 8 digit Vendor code and password as issued for ldquoBill Tracking systemrdquo Alternately click on ldquoTemporary registered userrdquo enter your email Id and corresponding password as registered by you You can now see the Home screen with instruction and salient features of bidding module

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 11: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Click on ldquoChoose Tenderrdquo in the left hand pane All tenders lying in the inbox will be visible You may either click on ldquoBidrdquo or ldquoRegretrdquo as the case may be Please note that in case you click on ldquoregretrdquo you will not be allowed to prepare bid or submit bid However the ldquoBidrdquo button will stay active and on clicking same you will be allowed to prepare and submit bid

Click on the radio button to select one of the tenders for working and then click on ldquoSelect Tenderrdquo At any point of time only one tender can be worked upon Then click on ldquoPrepare bidrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 12: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Click on ldquoPrepare Bidrdquo in the left hand side followed by ldquoTender Documentrdquo in the upper tab This will provide the complete tender document in PDF format with the option to download the tender in PDF

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 13: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Next click on the upper tab ldquoPaymentrdquo Select the appropriate radio button and click on ldquoProceed to payrdquo for providing payment related information in the next screen

After entering all details click on ldquoSave detailsrdquo

Next click on the upper tab ldquoPre-Qualification bid enveloperdquo in case it is a Public tender Thereafter enter the responses as required

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 14: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Finally click on generate ldquopre-qualification bid enveloperdquo

In case it is a two bid tender then click on ldquoGenerate Technical and priced bid enveloperdquo You will get two options

bull Work without attaching document (Here you shall be able to enter the responses and ratestaxes etc with an option to save work so that bid can be prepared in stages)

bull Attach document and generate envelope(Here you will not get the option to save work but you will be allowed to enter the responses ratestaxes upload documents and generate the bid directly)

Please select the appropriate option and enter all responses as required As a thumb rule if the tender has only few items and few questions to respond you can directly go to the tab ldquoAttach document and generate enveloperdquo enter values and generate the bid for submission However if the tender has many items and a large questionnaire then it is better to work on the tab ldquoWork without attaching documentrdquo so that you can save part work and come back to continue from where you left In this option you have first ldquoSave work on local computerrdquo and then click on the tab ldquoAttach document and generate enveloperdquo You will see the screen below when you click on ldquoWork without attaching documentrdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 15: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Now that you have entered the responses rates taxes etc after expanding all the sections you may click on the tab ldquoSave work on local computerrdquo Thereafter click onldquoAttach document and generate enveloperdquo

If you have ldquosaved work on local computerrdquo then click on ldquoupdate values from local computerrdquo show the path of saved file and click on submit Alternately you may expand all the sections by clicking on the sign Enter the responses upload the documents and enter deviation if any followed by rates and taxes as required

Enter the rates for the various items in the tender Select the level where the taxes have to be applied ie ldquoHeader level taxesrdquo or ldquoschedule level taxesrdquo or

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 16: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

line level taxesrdquo Click on the appropriate label and enter the taxes as shown below

Select the appropriate tax elements and enter the applicable percentage Click on tab after entering the percentage value and again tab after selecting the level (eg ldquoBase valuerdquo or VAT or Service Tax etc) At the end click on ldquoApply Selected taxesrdquo In case there are no taxes on the item please click on the radio button ldquoAll taxes includedrdquo and click on ldquoApply selected taxesrdquo in the dialogue box for taxes Please note that the bid cannot be generated without populating the ldquoDerived valuerdquo

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 17: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Now click on ldquoGenerate Technical bid enveloperdquo followed by ldquoGenerate Priced bid enveloperdquo Save these files in the same folder PLEASE REMEMBER TO GENERATE BOTH THE PDF DOCUMENTS

Now digitally sign all three bids or the two bids(Technical bid envelopepdf and Priced Bid envelopepdf) with the provided utility ldquoJsign PDFrdquo PLEASE REFER TO THE PDF SIGNING MANUAL TO UNDERSTAND THE DIGITAL SIGNING PROCESS FOR PDF DOCUMENTS After the documents have been signed please encrypt the bids with the provided encryption utility In case you are doing this for the first time click on ldquoUtilitiesrdquo on the left pane of screen

Now click on link ldquoEncryption utilityrdquo to download the same Go to the saved location and right click with mouse on the file Now click on Unzip or ldquoExtract allrdquo and extract the contents in a location Now click on ldquoBid encryption utilityjarrdquo

You will see the screen below

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 18: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 19: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

In case of any issue during bid preparation or bid submission please feel free to call up helpdesk at 022-42100111 between 10 AM to 600PM on all six weekdays Happy and successful bidding

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 20: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

Integrity PactSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Integrity Pact integritypactpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 21: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

1313

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 22: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

AnnexuresSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 1 1 ANNEXURE I NITpdf - No

2 2 2 ANNEXURE II ITBpdf - No

3 3 3 Annexure ReverseAuctionpdf

- No

4 4 4 Annexure Supply Taxesrelated Instructionspdf

- No

5 5 5 Annexure CERTIFICATEpdf - No

6 6 6 ANNEXURE GTCpdf - No

7 7 7 Annexure Integrity Pactpdf - No

8 8 8 Annexure BidderDeclarationpdf

- No

9 9 9 Annexure BG for EMDpdf - No

10 10 10 Annexure PBG Formatpdf - No

11 11 11 CTC Public Tenderpdf - No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 23: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 1 of 6)

Mumbai Refinery

Name of work CRCA coils for Asphalt drums

10 HPCL invites sealed bids Item wise lowest basis for supply of CRCA coils at HPCL Mumbai Refinery Mumbai 400074 in e-Tender system at httpsetenderhpclcoin under single stage two envelope system (Part-I EMD + IP + Techno-commercial part and Part-II Price part) from competent bidders with sound technical and financial capabilities fulfilling the Qualification Criteria stated under Sr No 40 and its sub clauses below

20 BRIEF SCOPE OF WORK

The job consists of supply of CRCA coils at HPCL Mumbai Refinery 30 SALIENT FEATURES OF THE BIDDING DOCUMENT Description

Procurement of CRCA Coils

Tender No

13000112-HD-48002NS

Due date

May 24 2013 at 1330 HRS IST

Last date amp time for receipt of Bids May 24 2013 at 1330 HRS IST (on e-tender portal httpsetenderhpclcoin Only)

Offer Validity

120 days from May 24 2013

Earnest Money Deposit

Rs2540000 -(by DD BG)

Tender Document Charges

Nil

No of vendors required

Two

Performance Bank Guarantee

10 of Contract Value (by DD BG) for a period of 6 months

Security Deposit

1 of Contract Value (by DD Pay Order)

Validity of Contract

Six Months from date of LOIPO or Supply of entire quantity as per PO Validity of PO may be extended accordingly

Address for communication with HPCL For Technical queries Attn Mr S Jangarajan Emailsjangarajanhpclcoin Ph +91 22 25076833 Attn Mr HS Dhuri Emailhsdhurihpclcoin Ph +91 22 25076288 For Commercial queries Attn Mr Navneet Singh Email navneetsinghhpclcoin Ph +91 22 25076806 Attn Mr SKPatil Email skpatilhpclcoin Ph +91 22 25076828

EMD to be Submitted Attn Dy General Manager Materials Hindustan Petroleum Corporation Limited Materials Department (Refinery)Mumbai Refinery BDPatil Marg MahulMumbai 400 074INDIA

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 24: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 2 of 6)

Mumbai Refinery

40 BIDDER QUALIFICATION CRITERIA The bidders intending to participate shall fulfill the following qualification criteria (technical amp financial)

41 BIDDER QUALIFICATION CRITERIA

410 Technical 411 The bidder shall have experience of having successfully having successfully carried out and completed similar work during the last 7 years ending 31st March 2013 which experience should be any one of the following a) Three similar completed Purchase Orders each costing not less Rs61600000- Or b) Two similar completed Purchase Orders each costing not less than Rs77000000- Or c) One similar completed Purchase Orders costing not less than Rs123200000- Bidders should have their OWN facility in operation for manufacturing of CRCA coils and supplied the same in the past Definition of similar work Similar work shall mean manufacturing amp Supply of steel Products CRCA Coils 420 Financial Average Annual Financial Turnover during the last 3 years ending 31st March 2013 or 31st March 2012 (if 2013 not available) should be at least Rs46200000- Net-Worth Net worth of the Bidder during financial year 2011-2012 or 2012-13 (Whichever is available) shall be positive Bidder to submit the documents duly audited and certified by way of signing and stamping the documents by the registered auditor However Indian Central Public Sector Enterprises (CPSE) with negative net worth can also apply provided they meet other criteria HPCL reserve the right to assess the capability and capacity of the bidder for execution of the project They also reserve their rights to reject any bid received at its discretion without assigning any reason whatsoever

50 HPCL reserves the right to use in-house information for assessment of Bidderrsquos capabilities 60 Total Scope has been defined in the tender document 70 Bidder should not be under liquidation court receivership or similar proceedings

80 Bidder shall furnish documentary evidence by way of copies of work orders completion certificates and balance sheets including Profit and Loss Accounts duly audited and certified by way of signing and stamping the documents by the registered auditorCertificate from Bank etc alongwith the Bid to establish Bidderrsquos conformance to Qualification Criteria Failure to meet the above Qualification Criteria will render the Bid to be rejected Therefore the bidder shall in his own interest furnish complete documentary evidence in the first instance itself in support of their fulfilling the Qualification Criteria as given above

90 Additional Information 91 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 upto 3 affiliates may make a joint bid as a consortium and in which case the conditions applicable to a consortium shall apply to them ldquoAffiliaterdquo of a Party shall mean any company or legal entity which (a) controls either directly or indirectly a Party or (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 ldquoControlrdquo means actual control or ownership of at least a 50 voting or other controlling interest that

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 25: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 3 of 6)

Mumbai Refinery

gives the power to direct or cause the direction of the management and material business decisions of the controlled entity

92 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

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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 eacheligibility 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 fulfil 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 memberpromoter shall be clearly identified and heit shall assume all obligations under the contract and provide such comfort letterguarantees 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) isare 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 individualperson 2 the Bid shall specifically identify and describe each member of the consortium 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 theldquoPrime memberrdquo and contracting entity for the consortiumthis prime member shall be solely responsible for all aspects of theBidProposal including the execution of all tasks and performance of all consortium obligations

5 the prime member shall fulfil each eligibility criteria 6 a commitment shall be given from each of the consortium membersin the form of a letter signed by a

duly authorized officer clearlyidentifying the role of the member in the Bid and the memberrsquoscommitment to perform all relevant tasks and obligations in supportof the Primelead member of the Consortium and a commitment notto withdraw from the consortium

7 No change shall be permitted in the number nature or share holdingpattern of the Consortium members after pre-qualification withoutthe prior written permission of the Owner

8 No change in project plans timetables or pricing will be permitted asa consequence of any withdrawal or failure to perform by aconsortium member

9 No consortium member shall hold less than 25 stake in aconsortium 10 Entities which are affiliates of one another are allowed to bid eitheras a sole bidder or as a consortium

only 11 Any person or entity can bid either singly or as a member of only oneconsortium

d) In case the bidder is an Indian arm (subsidiary authorized agent branchoffice oraffiliate) of a foreign

bidder then the foreign bidder shall have tofulfill each eligibility criteria If such foreign company desires that thecontract be entered into with the Indian arm then a proper back to backcontinuing (parent company) guarantee shall be provided by the foreigncompany clearly stating that in case of any

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 26: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 4 of 6)

Mumbai Refinery

failure of any supply orperformance of the equipment machinery material or plant or completion ofthe work in all respects and as per the warranties guarantees that may havebeen given then the foreign company shall assume all obligations under thecontract Towards this purpose it shall provide such comfortletterguarantees as may be required by Owner The guarantees shall coverinter alia the commitment of the foreign company to complete the entirework 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 anundertaking not to withdraw from the contract till completion of the worketc Bids on Consortium or Joint Venture basis are not acceptable

100 EMD

a Bidders will have to pay EMD as per 30 of NIT b EMD - shall be paid in the form of a Demand Draft Pay Order Bankers Cheque in favour of Hindustan

Petroleum Corporation Limited payable at Mumbai or Bank Guarantee in the prescribed proforma issued by a Scheduled Bank in India (except for co-operative banks) and valid for Six (6) months from the due date of submission of bid

Notes

(a) Bids without EMD will summarily be rejected

(b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD subject to furnishing of the declaration to that effect

(c) Units registered with National Small-scale Industries Corporation (NSIC) in India for similar works are also exempted from submitting EMD subject to furnishing of a duly attested (by a Notary) photocopy of valid registration certificate

110 INTRGRITY PACT

The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order sale order as applicable

The bidder shall comply with the requirements of the Integrity Pact enclosed with the tender

Proforma of Integrity Pact which is issued along with the bidding document shall be submitted by the bidder on or before due date to HPCL duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed shall lead to outright rejection of such bid If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMDBid security (Bid Bond) as per provisions of Integrity Pact Bidder shall upload the scanned copy of the Integrity pact in the e-Tender portal

If the contract has been terminated according to provisions of the Integrity Pact or if HPCL is entitled to terminate the contract according to provisionsof integrity Pact HPCL shall be entitled to demand and recover from theContractor liquidated damages amount by forfeiting the Performance Bank The EMD INTEGRITY PACT shall be submitted to the following office on or before due date and timeextender due date and time as the case may be The Envelope cover should indicate as ldquoPublic Tender for Supply of CRCA Coils for Asphalt Drums Tender No 13000112-HD-48002NS Tender Due date 24-May-2013 at 1330 hrs IST

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 27: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 5 of 6)

Mumbai Refinery

Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or Oo DGM Materials III rd Floor New Admin Building

HPCL Refinery Corridor Road Mahul Mumbai ndash 400074

120 Price preference Price preference shall be considered for Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro Small and Medium Enterprises as per the prevailing government guidelines rules amp regulations as applicable Please confirm your registration with NSIC or any other body specified by Ministry of Micro Small and Medium Enterprises for any all items of this Price Enquiry if registered In case you are registered with NSIC please confirm by giving a written declaration that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months 伊If registered please enclose a copy of the valid registration certificate applicable for the items offered by you Non enclosure of registration certificate or the declaration if applicable would lead to non consideration of preference and vendor would be treated as normal vendor No clarifications would be taken in this regard later

130 Purchase preference Price preference shall be considered for units registered with NSIC in India as per the prevailing government guidelines rules amp regulations as applicable

140 Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating

in the tender the details of which are available on our website wwwhindustanpetroleumcom 150 Bids shall be submitted in httpsetenderhpclcoin only HPCL Help Desk No For any website related

technical issuesHelp is 022-42100111

(a) EMD + IP + Techno-commercial part of the Bids shall be opened at 1330 Hrs IST on the last date for

submission of bids bidders can witness the same in the portal Time and date of opening of Price Bids shall be notified to the qualified and acceptable bidders at a later date

(b) If EMD + IP are not received by the due date and time the bid shall be not be considered and the bids will not be opened and would be rejected

(c) Telex Telegraphic Fax E-mail bids shall not be accepted

160 HPCL shall not be responsible for any expense incurred by bidders in connection with the preparation amp

delivery of their bids site visit and other expenses incurred during the bidding process

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 28: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Hindustan Petroleum Corporation Limited Annexure ndash A0 (Mumbai Refinery)

B D Patil Marg Mahul Mumbai-400 074 Phone +91-22-2507 680625076828 Fax +91-22-25541054

Notice Inviting Tender (HPCLrsquos Public Tender No 13000112-HD-48002)

wwwhindustanpetroleumcom (Page 6 of 6)

Mumbai Refinery

170 HPCL reserves the right to reject any or all Bids without assigning any reason whatsoever 180 The contents of this NIT shall prevail in case of any contradiction with the clauses

mentioned elsewhereList of StipulationsDeviations if any to the tender Reffering the relevant clause number should be uploaded as a separate attachment or mentioned online in the tender

190 REJECTION CRITERIA

The mandatory conditions for deviations to any of which the offer shall stand rejected are - Non-submission of offer made in 2 (two) parts as specified in the tender - Non-submission of signed and stamped integrity pact with un-priced bid online - Revealing prices directly or indirectly in the un-priced part - Non-receipt of original BG for EMD as per NIT Tender Requirements and Integrity Pact in original on or before tender due date and time - Non-submission of complete documentation towards Prequalification Criteria - Not meeting the Prequalification Criteria based on documentation submitted with the bid - Non-acceptance of submission of Security Deposit Performance Bank Guarantee as specified in the tender in the event of placement of Purchase Order Stages of Tender Opening (i) Stage-I ndash EMD Deposit

On tender due-date the envelope containing EMD will be opened and if all is in order then bidders submitting requisite EMD shall be considered for the next stage and only their unpriced bid would be opened online

(ii) Stage-II ndash Pre-qualification Technical Bid Opening

Unpriced bids of the parties qualified in stage I shall be opened Prequalification documents will be checked by HPCL officials before opening Price bids HPCLrsquos decision on compliance of pre-qualification criteria shall be final Deviations if any shall be indicated separately online Such deviations may lead to loading of prices or rejection of offer at the sole discretion of HPCL without any reference to the bidder

(iii) Stage -III ndash Priced Bid Opening Reverse Auction

HPCL may or may not open the Priced Bid of qualified bidders received in online Form HPCL reserves right to adopt lsquoreverse auctionrsquo process for selection of lowest bid In case HPCL decides to open priced bid received in online Form the date and time of opening of the Priced Bid will be intimated to the qualified bidders only through e-mail

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 29: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 1 of 6

INSTRUCTION TO BIDDERS FOR BID SUBMISSION

On e- Tender System 10 INTRODUCTION 11 Hindustan Petroleum Corporation Ltd also called HPCL ( herein referred to as purchaser )

wishes to receive bids against the subject tender document for the jobs to be carried out at HPCL - Mumbai Refinery

12 For the purpose of this document the words ldquoOwner ldquo ldquoPurchaserrdquo ldquo HPCLrdquo ldquoCorporationrdquo have been used interchangeably and would mean same in the expression and intent in proper context Also the words ldquoBidderrdquo ldquoTendererrdquo ldquoContractorrdquo ldquo Vendorrdquo have been used interchangeably and would means same in expression and intent in proper context

20 BID SUBMISSION a This is only a Tender Enquiry and not an order b The tender should be submitted online at website httpsetenderhpclcoinonly by the due

date and time as specified in the tender Late delayed tenders submitted on line after the due date and time for whatsoever reasons will not be considered The Server Date amp Time as appearing on the HPCL website (httpsetenderhpclcoin) shall only be considered for the cut-off date and time for receipt of tenders Offers sent through post telegram fax telex e-mail courier will not be considered

c Partially completed incomplete tenders shall not be considered d All communication regarding the tender including queries if any and submission of offers

shall be done online within the e-Procurement system at Website httpsetenderhpclcoin Contact Persons Sr Officer Purchase-Materials (Room No 251Tel No022-25076806)

e INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I EMD + IP + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as mentioned above

ii CURRENCY OF BID Prices shall be quoted only in Indian Rupees

f Validity

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 30: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 2 of 6

Quoted prices shall be valid for a period of 180 days from the due date Extended due date for the placement of order

g Bidders shall be required to arrange all resources including Digital IDs and Internet

Connections at their own cost for participating in online tenders at HPCL e-Procurement site httpsetenderhpclcoin

h HPCL shall not be responsible for any delays reasons whatsoever in receiving as well as

submitting offers including connectivity issues HPCL shall not be responsible for any postal or other delays in submitting EMD Tender cost wherever applicable

i Extension of Due Date HPCL may at its discretion extend the due date if needed

Request for extension of tender submission due date shall be made 4800 Hrs prior to expiry of due date Requests if any received from bidders within 48 hours of tender submission due datetime shall not be considered

j Tender opening (unpriced bid as well as priced bid) will be done online at the time and dates specified in the tender Vendors who have responded to the tender are requested to login at the specified date and time at HPCL e- procurement website (httpsetenderhpclcoin) for witnessing the tender opening (unpriced bid as well as priced bid in case of technically accepted vendors)

k HPCL will not be responsible for the cost incurred in preparation and Submission of bids

including the cost of digital certificate regardless of the Conduct of outcome of the bidding process

If only priced bid is received or the total prices are indicated in the unpriced bids the same shall be rejected without any intimation to you

30 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and delivery of its bid including costs and expenses related to visits to the site and the OWNER will in no case be responsible or liable for those costs regardless the outcome of the bidding process

30 SITE VISIT The bidder is advised to visit if necessary and examine the site(s) of works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the contract The cost of visiting the site(s) shall be at bidderrsquos own expenses

40 EARNEST MONEY DEPOSIT (PRE-BID EMD) 41 The bidders are required to pay Earnest Money Deposit (EMD) for participating in the

tendering

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 31: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 3 of 6

42 The amount for EMD shall be as per NIT 43 A ldquoscanned copyrdquo of EMD shall be uploaded in the e-tender while bidding 44 The EMD hard copy shall be submitted by way of pay order crossed demand draft drawn in

favour of HINDUSTAN PETROLEUM CORPORATION LIMITED MUMBAI on any scheduled bank (other than cooperative banks) or in the form of Bank Guarantee from any scheduled bank (other than co-operative banks) The validity of EMD shall be SIX MONTHS from TENDER DUE DATE Format for Bank Guarantee is enclosed in the tender

45 The EMD hard copy should reach HPCL on or before due dateextended due date as applicable and time 130PM IST shall be closing time of the tender on the due date mentioned elsewhere in the tender The sealed envelope super scribing the cover with INTEGRITY PACT + EMD for Tender No helliphellip due date name of the bidder etc and should be submitted before due date at

Shri Navneet Singh Sr Officer Purchase New Admin Building (Room No 251) Hindustan Petroleum Corporation Ltd Mumbai Refinery B D PatilMarg Mahul Mumbaindash400 074 (India)

Or EMD shall be dropped in the Refinery Purchase Tender box (Box No 2) kept at the Refinery Main Gate on or before due date or extended due date and time

46 EMD in any other form shall not be acceptable Tender submitted with EMD in any other form

or submitted from a co-operative banks or for a lesser value will be summarily rejected 47 BIDS WITHOUT EMD WILL BE SUMMARILY REJECTED 48 EMD will be forfeited if

481 Bidder withdraws their offer during the period of validity 482 In case of the successful bidder if he fails to furnish the security deposit as required 483 Any other reason warranting the forfeiture of EMD at the sole discretion of HPCL 464 The following categories of tenderers are exempted from EMD

- Public Sector Enterprises - Vendors registered with National Small Scale Industries Corporation (NSIC) For this purpose in the event of the tendering company being a Public Sector

Enterprise a declaration to that effect and in the case of Vendors registered with NSIC a copy of the registration certificate should be uploaded in the UNPRICED BID PART OF THE TENDER at appropriate place provided

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 32: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 4 of 6

50 NATURE OF CONTRACT

The contract shall be indivisible supplies contract

60 The bid prepared by the bidder all correspondences and documents relating to the bid exchanged by the bidder and the OWNER shall be written in English language

70 (A) INSTRUCTIONS REGARDING SUBMISSION OF BIDS

i BID SHALL BE SUBMITTED UNDER 2-BID SYSTEM ie

PART ndash I IP + EMD + UNPRICED BID AND PART-II PRICED BID

In the e-tender system only as described in para 20 ii Bidders are requested to quote all the relevant information like taxes and duties and all

other information as sought in the applicable columns in tender Notes

a HPCL reserves the right to evaluate the bids containing deviations having financial implications after adding the costs for such deviations as determined by HPCL

b HPCL reserves the right to complete the evaluation based on the details furnished without seeking and additional information It is the bidders responsibility to furnish unambiguous bids

c The un-priced bid should not contain any prices In case prices are found in this bid your bid will not be considered and will be rejected

d The prices quoted by the bidder shall remain firm and valid till complete execution of the contract

e It may be noted that Income tax at the prevailing rate will be deducted from contractorrsquos bill as per the prevailing Income Tax Act if applicable

f CURRENCY OF BID Prices shall be quoted only in Indian Rupees g The price bid should not contain any conditions Any pre-conditions in the priced bid will

make the bid liable for rejection

80 REVERSE AUCTION FORWARD AUCTION HPCL reserves the right to conduct REVERSE AUCTION for the subject items

90 EVALUATION CRITERIA

The quantities specified in the tender shall be distributed among three bidders in 6040 ratio based on their original rankings PO on L2 bidder shall be placed subject to their matching of L1 rate HPCL reserves the right on distribution of quantity among the bidders HPCL also reserves right to release the PO for part quantity specified in the tender HPCL also reserves the right to consume only part of the quantity ordered in PO The vendor has to accept part order without any stipulation of minimum order quantity for execution of supplies Order will be placed on two vendors on 6040 ratio based on the original rankings

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 33: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 5 of 6

Purchase Order shall be placed for a period of 6 months from POLOI Vendor shall supply material as per call ups callup letter or verbal intimation( in case of system failure)

100 DECLARATION BY THE BIDDER

By submitting the bids the Bidder to gives a declaration that they have not been banned or delisted by any government or quasi government or PSUs If a bidder has been banned by any government or quasi government or PSUs please note that it may not necessarily be a cause for disqualifying bidder However if this declaration is not given the bid will be liable to be rejected as non-responsive

110 INTEGRITY PACT The integrity pact enclosed along-with the bid shall be signed stamped and uploaded

120 RIGHT TO ACCEPT REJECT THE TENDER

HPCL reserves the right to accept reject any or all the bids including the lowest bid without assigning any reason whatsoever The decision of HPCL shall be final and no correspondence will be entertained in this regard

200 GENERAL DECLARATION BY THE TENDERER

I We solemnly declare that by way of submission of quotation for the subject tender I We fully understood the terms and conditions of the tender in both technical amp commercial aspects and agree to abide by all the terms and conditions therein

Salient Terms amp Conditions I GENERAL PURCHASE CONDITIONS

For any contractsPurchase agreements HPCLrsquos General Terms amp Conditions of Works Contracts [enclosed shall solely apply]

II LIQUIDATED DAMAGES During the execution of order if the vendor fails to deliver any or all the goods within the time period (s) specified in the contract HPCL may deduct from the contract price as liquidated damages 05 per week of delay subject to a maxof 5 of the order value for delayed delivery Please refer HPCLrsquos General Terms amp Conditions of Works Contract

III PERFORMANCE BANK GUARANTEE The supplies made against this order shall be fully guaranteed against any manufacturing defectspoor workmanshipinferior quality etc for a period of 18 months from the date of supply During this period Vendor shall arrange to replace any rejected material free of cost if required You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10 value of the material supplied and valid during the above guarantee period

IV SECURITY DEPOSIT The tenderer with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1) of the total contract value in the form of

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 34: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

TENDER NO 13000112-HD-48002

TITLE SUPPLY OF CRCA COILS

Page 6 of 6

account payee crossed demand draft drawn in favour of the Owner within 15 days from the date of intimation of acceptance of their tender failing which the Owner reserves the right to cancel the Contract and forfeit the EMD

V COMPOSITE PERFORMANCE BANK GUARANTEE Composite PBG for 10 of PO value towards Performance Bank Guarantee inclusive of Security

Deposit shall be accepted (in lieu of deduction of retention money of 10 from each bill) Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period Demand Draft should be drawn on Scheduled Banks (other than cooperative banks)

VI DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 6 months from the date of completion of the job

VII ARBITRATION Refer detailed Arbitration clause as per clause of General Terms amp Conditions of works Contract which will solely be applicable Please refer HPCLrsquos General Terms amp Conditions as attached in annexure

VIIIVALIDITY The offer should be valid for a minimum period of Four months from the due date of the tenderPurchase order shall be valid for a period of Six Months

IX INTEGRITY PACT The Integrity Pact duly signed by the authorized official of HPCL and the Contractor will form part of this contract supply order Proforma of Integrity Pact (attached as Annexure IX)shall be returned by the bidder along with technical bid duly signed by the same signatory who signs the bid ie who is duly authorized to sign the bid All the pages of the Integrity Pact shall be duly signed by the same signatory Bidderrsquos failure to return the Integrity Pact along with the bid duly signed on each page shall lead to outright rejection of such bid

X RISK PURCHASE CLAUSE Refer detailed Arbitration clause as per General Terms amp Conditions Please refer HPCLrsquos General Terms amp Conditions of Works Contract

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 35: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 1 of 4)

Mumbai Refinery

The vendors should submit their offers under 2-bid system as instructed in the lsquoInstructions to vendor ndash regarding submission of offers In addition the techno-commercially acceptable vendors will be required to submit their prices in electronic form in an Online Sealed Bid followed by the Online Reverse amp Forward Auction Auction to be conducted by Ms C1 India Pvt Ltd on behalf of HPCL The necessary training and other details will be provided by Ms C1 India Pvt Ltd in due course Reverse Auction Process in brief is illustrated below a Though a formal letterfaxemail vendors will be provided with separate system generated login IDs and passwords and invited to participate in the Reverse Auction Process on the reverse auction portal of the service provider C1 India b HPCL will invite sealed bids from the qualified bidders on the Reverse Auction Portal and the lowest price received against sealed bids or in-house estimate will be displayed as opening price (Bench Mark price) on the Portal Vendors can subsequently decrease their price during the reverse auction process c The reverse auction process as formatted by the service provider in their portal will be followed salient features of which are (i) Fixed date time frame will be provided for the reverse auction process which will be intimated to the qualified bidders to participate and revise their bids (ii) In case a revised bid is submitted just before the close of the reverse auction session the session would automatically get extended for some more time beyond the closure d Orders will be placed on the L1 bidder emerging out of the reverse auction process The originally submitted sealed priced bids of all the bidders will be returned If the reverse auction process fails for whatever reason HPCL can decide to finalize the POs based on the manual priced bids received without any further reference to the bidders Note

The priced-bid submitted in system along with the offer will not be considered for opening and evaluation

However in case the Online Reverse and or Forward Auction is not successful or the number of techno-commercially acceptable vendors is less than 3 HPCL reserves the right to open these price bids and award the contract based on them

In case a bidder does not submit online sealed bid their offer will not be considered for evaluation amp will be summarily rejected

In reverse auction start bid price of each tenderer is expected to be same as in online sealed priced bid Bidders cannot increase their bid once the event has opened up with submission of start bids Bidders viewing the PORTAL can see only their BID and the prevailing lowest bid HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the pricecancel

the reverse auction processtender at any time before ordering without assigning any reason If no bids are received within the scheduledrescheduled date amp specified time of the reverse auction

HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Manual Electronic priced bids submitted by the bidders along with their un-priced bids

Tenderers in their response may not agree for participation in reverseforward auction process Such tenders should be rejected as technically invalid and EMD shall be returned This step is taken only when there are 3 or more tenderers in fray for reverse auction

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 36: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 2 of 4)

Mumbai Refinery

In situations of unwillingness of tenderers to participate in Reverseforward Auction after technical acceptance but before commencement of Reverse Auction EMD if applicable as per tender to be forfeited

Successful bidder shall submit the final price(s) quoted during reverse auctionforward auction duly signed and stamped as a token of acceptance without imposing any new condition The seal bid closing price offered by the bidders at the conclusion of the reverse auction shall be kept valid for a minimum period of one month from the date of the reverse auction

ONLINE SEALED BID amp ONLINE REVERSEFORWARD AUCTION After evaluation of the Techno-commercial bids by HPCL the techno-commercially acceptable vendors will be notified by Ms C1 India Pvt Ltd regarding date amp time for the Online Sealed Bids and Online Reverse FORWARD Auction Ms C1 India shall arrange for a live demonstration training of the techno-commercially acceptable vendorsrsquo nominated person(s) without any cost to the vendor Ms C1 India Pvt Ltd shall also explain to the vendors all the rules related to the Online Sealed Bids amp Online Reverse Forward Auction Business Rules Document to be adopted along with bid manual It is mandatory for the vendors to submit their written compliance confirmation of having read and understood all the procedures of Online Sealed Bids amp Online ReverseForward Auction before start of the process During the submission of Online Sealed Bids amp Online Reverse AuctionForward the vendors shall be quoting from their own offices place of their choice Internet connectivity shall have to be ensured by each vendor at their own cost

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 37: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 3 of 4)

Mumbai Refinery

Process Compliance Form

(The bidders are required to print this on their companyrsquos letter head sign amp stamp) To C1 India Pvt Ltd C -104 Sector ndash 2 Noida-201301 Sub Agreement to the Process related Terms and Conditions Dear Sir This has reference to the Terms amp Conditions for the Reverse Auction mentioned in the Business Rules for HPCL ndash Mumbai Refinery Tender no 12000534- HD ndash 48002 This letter is to confirm that

1) The undersigned is authorized representative of the company 2) We have studied the Terms amp Conditions mentioned in the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our acceptance of the same 3) We also confirm that we have undergone the training on the auction tool and have understood the

functionality of the same thoroughly 4) Both Sealed bid Prices and RA prices shall be valid for 30 days from date of sealed bid RA

We hereby confirm that we will honor the Bids placed by us during the auction process With regards Signature with company seal Pl provide the following information which is required for Reverse auction process Name ndash Company Organization ndash Designation within Company Organization ndash E mail id Mobile No PhNo FAX No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 38: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure AIA Instructions to vendors - regarding Reverse Auction of Tender

(Tender Enquiry No 13000112-HD-48002)

(Page 4 of 4)

Mumbai Refinery

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 39: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 1 of 2) Signature amp Stamp of

the authorised signatory

Terms of business a) The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assignees b) The Vendor or Seller means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees c) The Seller warrants that use or sale of the materialsservices specified herein will not subject the Purchaser to changes or patent infringement and agrees to hold the Purchaser harmless of any or all results of such charges d) The materials supplied if supplied must not be in excess of the quantities ordered must be of the required quality and must meet the specifications given by the Purchaser fully failing which the materials will be returned at Sellers expenses e) Materials if supplied should be shipped by the Seller in such form that the total freight charges are minimum keeping in mind that the delivery in excellent conditions is of prime importance 1 Delivery Terms - Free to Destination location unless specified otherwise in deviation form by

vendor 2 In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo 伊This will

be loaded while evaluating your offer 3 Excise Duty (including Education cess) CENVAT Benefitmdashif ED is quoted we consider

accepted that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit unless specified otherwise in deviation form NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without offsetting the CENVAT component (4) However bidder to submit the original transport copy of excise gate pass along with the supplies else equivalent amount shall be deducted from the subject bills MODVAT is valid for invoice issued by [i] manufacturer or [ii] 1st stage dealer with invoice stamped 1st stage dealer and declaration reading This is to certify that the goods mentioned in invoice no__________________ have been procured from manufacturer Ms_________________________________ Hence the invoice is being issued as the 1st stage dealer invoice Or [iii] 2nd stage dealer with invoice authenticated by concerned excise rage officer Please confirm offering same rates if regd with DGS amp D Stage Govt Attach copies of latest certificates if regd with DGS amp D NSICSSI Rates offered shall be firm for the entire contract period Only variation in excisetaxoctroi are reimbursable (5) Upon placement of the PO while making the supplies in case it is observed that the CENVAT documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable (6)In case CENVAT benefit can not be passed on to HPCL please furnish the reasons in deviation form

4 In case VAT CST is extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer Please specify whether it is VAT or CST with HPCL C form or is CST without C form In case of VAT please indicate your TIN No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 40: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure AIB ndash STANDING ORDER INSTRUCTIONS

(HPCLrsquos Tender Enquiry No 13000112-HD-48002 )

(Page 2 of 2) Signature amp Stamp of

the authorised signatory

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax credit

5 In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door delivery basis

6 In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price 伊This will be loaded while evaluating your offer NOTE In case of Octroi Charges please note the following point (1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof (2) Hence the Octroi Charges should not be included in your quoted prices

7 Validity of offer - 120 days from the initial or extended Due Date for submission of Tender whichever is later unless Specified otherwise in deviation form by vendor 8 Liquidated Damages is considered accepted unless specified otherwise in deviation form by

vendor In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

9 Payment Term --100 of bill amount after verification certification by usershall be paid in 30 days of receipt of bill by HPCL unless specified otherwise in deviation form by vendor In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

10 Please specify the delivery period NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever

is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each

Indent Important note Opening of E-Procurement tenders can be witnessed on the website during the schedules provided for the tender HPCL has developed a Grievance Redressal Mechanism details of which are available on the Corporations website Taxes Bidders to quote clearly in terms of ages of quoted rate the ExciseSales taxVATfreightP amp FinsuranceOctroi or any other levies Please do not quote any such component like Extra or At actual Bidder to quote service tax separately in terms of age of the offered value If the bidder does not specify the same then the benefit of Cenvat credit shall not be considered for the purpose of evaluation of such bid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 41: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Annexure Tender No 13000112 ʹHD ʹ 48002

TANK REPAIR INCLUDING DISPOSAL

CERTIFICATE (FINANCIAL CRITERIA)

(TO BE CERTIFIED BY REGISTERED AUDITOR)

From the books of accounts vouchers statement and other relevant records produced before us and necessary information and explanations given to us this is to certify that the Financial particulars of ____________________________________________________________(enter company name and address) During the financial years are as follows SNO FINANCIAL

YEAR ANNUAL SALES

TURNOVER (INCLUDES

DIRECT INCOME

NET PROFIT NET WORTH

1 2012-2013 2 2011-2012 3 2010-2011 4 2009-2010 For ______________________________________(auditing Co Name) Charted Accountants FRN_____________________________________ (SIGN AND Seal )

Memb No

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 42: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

GENERAL TERMS amp CONDITIONS

(Page 1 of 2) Signature amp Stamp of the authorised signatory

Important definitions The Owner means the Hindustan Petroleum Corporation Limited (HPCL) incorporated in India having its Registered office at Petroleum House 17 Jamshedji Tata Road Mumbai ndash 400 020 and Refinery at Mahul Mumbai or their successors or assigneesThe Vendor means the person or the persons firm or company whose tender has been accepted by The Owner and includes the Vendorrsquos legal heirs representative successor (s) and permitted assignees

Terms amp conditions

a) This is only a Price enquiry and not a commitment from us EMD is not applicable for this tender unless the applicability and

the amount of EMD is specified in the main tender enquiry b) Your offers should be submitted in electronic form only through e-tender mode c) The offers received in physical form by post fax telegram e-mail etc will not be considered Any letters sent by fax telegram

e-mail offering discounts quoting prices etc also will not be considered d) The offers should be addressed to lsquoGM-Materialsrsquo and should be submitted in the Bid-box of Refinery Materials marked as Box

No2 at Refinery Main Gate e) Please read the INSTRUCTIONS TO VENDORS carefully before submitting your offer f) The offers submitted must be neatly written (in ink) type-written g) The rates should be quoted in Figures as well as in Words h) Offers received after the Due date and time due to any reasons will not be considered i) HPCL reserves the right to reject entire any part of your offer without assigning any reasons j) If you are unable to quote please send your regret letter stating reasons failing which it will be construed that you are not

interested to supply the materials to us and your name is liable to be deleted from our approved Vendorsrsquo list k) Price preference Price preference shall be considered for units registered with NSIC as per the prevailing government

guidelines rules amp regulations as applicable l) Purchase preference Purchase preference shall be considered for Public Sector Enterprise as per the prevailing

government guidelines rules amp regulations as applicable m) The participating vendors may witness the opening of un-priced bids (in case of 2-bid tenders) and the bids (in case of single-

bid system) at the schedule date and time mentioned in the tender enquiry due date extension letters In case of 2-bis tenders intimation will be sent subsequently to the techno-commercially acceptable vendors intimating them the date of opening of priced bids

n) Grievance Redressal There is a Grievance Redressal Mechanism in our Corporation for vendors participating in the tender the details of which are available on our website wwwhindustanpetroleumcom

o) The prices quoted by you should be firm till completion of the supply

Terms of business

The term lsquoPurchaserrsquo means lsquoHindustan Petroleum Corporation Limitedrsquo The term lsquoHindustan Petroleum Corporation Limitedrsquo means amp includes successors and assignees a) The term lsquoSellerrsquo means the Vendor firm or company whose offer has been accepted by the lsquoPurchaserrsquo The term lsquoSellerrsquo

includes Sellerrsquos legal heirs representative successor (s) and permitted assignees b) The lsquoSellerrsquo warrants that use or sale of the materials specified herein will not subject the lsquoPurchaserrsquo to changes or patent

infringement c) The lsquoSellerrsquo further agrees to hold the lsquoPurchaserrsquo harmless of any or all results of such charges d) The materials supplied must not be in excess of the quantities ordered must be of the required quality and must meet the

specifications given by the lsquoPurchaserrsquo fully failing which the materials will be returned at Sellerrsquos expenses e) Materials should be shipped by the lsquoSellerrsquo in such form that the total freight charges are minimum keeping in mind that the

delivery in excellent conditions is of prime importance f) The lsquoPurchaserrsquo reserves the right to suspend despatch of the materials covered by the Purchase Order in the event of strike

accidents or other contingencies beyond the Purchaserrsquos control g) Our warehouse is open to receive materials on all working days between 800 AM to 430 PM No goods will be accepted

after 430 PM h) Please quote your Excise Registration Nos Sales Tax TIN No on all copies of your invoices i) If the materials ordered are not delivered by the lsquoSellerrsquo within the delivery date specified in the Purchase Order the

lsquoPurchaserrsquo may cancel the Purchase Order without prejudice The costs and expenses if any resulting from the cancellation of the Purchase Order shall be to the Sellerrsquos account

ARBITRATION CLAUSE (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 officerretired 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 Chief Manager amp above or any retired officer of the Central Government not below the rank of a Director

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 43: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

GENERAL TERMS amp CONDITIONS

(Page 2 of 2) Signature amp Stamp of the authorised signatory

to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties The contractorvendor 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 iswas an officer andor shareholder of the owner another Govt Company or the Central Government or that heshe has to deal or had dealt with the matter to which the contract relates or that in the course of hisher duties heshe hashad 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 to the

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 40000- per case for transportation contracts and Rs 60000- 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 10000- additionally as bonus Reasonable actual expenses for stenographer etc will be reimbursed Fees shall be paid stagewise ie 25 on acceptance 25 on completion of pleadingsdocumentation 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 thereunder shall apply to the Arbitration proceedings under this Clause

(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 is the Functional Director of Hindustan Petroleum Corporation Limited Note In case of your non-acceptance of the Arbitration clause your offer is liable to be rejected

CANCELLATION RISK PURCHASE CLAUSE

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

(1) The Vendor fails to comply with the terms of this Purchase Order (2) The Vendor fails to deliver the goods on time and or replace the rejected goods promptly (3) The Vendor becomes bankrupt or goes into liquidation (4) The Vendor makes a general assignment for the benefit of creditors (5) A receiver is appointed for any of the properties 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 the event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendorrsquos 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 this 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 The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of the Price Reduction clause as aforesaid

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 44: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 45: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

INTEGRITY PACT Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as ldquoThe Principalrdquo and helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereinafter referred to as ldquoThe BidderContractorrdquo

Preamble The Principal intends to award under laid down organization procedures contracts for helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip The Principal values full compliance with all relevant laws and regulations and the principles of economic use of resources and of fairness and transparency in its relations with its Bidderss and Contractors In order to achieve these goals the Principal cooperates with the renowned international Non-Governmental Organisation ldquoTransparency Internationalrdquo (TI) Following TI‟s national and international experience the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles - No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for or accept for himherself or third person any material or immaterial benefit which heshe is not legally entitled to

- The principal will during the tender process treat all Bidders with equity and reason The Principal will in particular before and during the tender process provide to all Bidders the same information and will not provide to any Bidder confidential additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution

- The principal will exclude from the process all known prejudiced persons (2) If the Principal obtains information on the conduct of any of its employees which is

a criminal offense under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder Contractor

(1) The Bidder Contractor commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation in the tender process and during the contract execution - The Bidder Contractor will not directly or through any other person or firm

offer promise or give to any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which heshe is not legally entitled to in order to obtain in

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 46: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract

- The Bidder Contractor will not enter with other Bidders into any undisclosed agreement or understanding whether formal or informal This applies in particular to prices specifications certifications subsidiary contracts submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process

- The Bidder Contractor will not commit any offense under the relevant Anticorruption Laws of India further the Bidder Contractor will not use improperly for purposes of competition or personal gain or pass on to others any information or document provided by the Principal as part of the business relationship regarding plans technical proposals and business details including information contained or transmitted electronically

- The Bidder Contractor will when presenting his bid disclose any and all payment he has made is committed to or intends to make to agents brokers or any other intermediaries in connection with the award of the contract

(2) The Bidder Contractor will not instigate third persons to commit offenses outlined above or be an accessory to such offenses

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract if already signed for such reason (1) If the BidderContractor has committed a transgression through a violation of

Section2 such as to put his reliability or credibility into question the Principal is entitled also to exclude the BidderContractor from future contract award processes The severity will be determined by the circumstances of the case in particular the number of transgressions the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage The exclusion will be imposed for a minimum of 6 months and maximum of 3 years

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence concludes that no reasonable doubt is possible

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground including the lack of any hearing before the decision to resort to such exclusion is taken This undertaking is given freely and after obtaining independent legal advice

(4) If the Bidder Contractor can prove that he has restored recouped the damage caused by him and has installed a suitable corruption prevention system the Principal may revoke the exclusion prematurely

Section 4 ndash Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3 the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money DepositBid Security

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 47: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (2) If the Principal has terminated the contract according to Section 3 or if the Principal

is entitled to terminate the contract according to Section 3 the Principal shall been titled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit Performance Bank Guarantee

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages the Bidder Contractor shall compensate the Principal only to the extent of the damage in the amount proved

Section 5 ndash Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract if already awarded can be terminated for such reason

Section 6 ndash Equal treatment of all Bidders Contractors Subcontractors

(1) The Bidder Contractor undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact and to submit it to the Principal before contract signing

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders Contractors and Subcontractors

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions

Section 7 ndash Criminal charges against violating BiddersContractorsSubcontractors

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or ofan 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 ndash External Independent Monitor Monitors(to be decided by the

Chairperson of the Principal) (1) The Principal appoints competent and credible External Independent Monitor for

this Pact The Principal has nominated Smt Ranjana Kumar (ExVigilance Commissioner)Shri D Chatterjee (Retd IAS Officer) 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 48: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact (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 bdquoPrincipal‟ and should the occasion arise submit proposals for correcting problematic situations

(7) Monitor shall be entitled to compensation on the same terms as being extended to provided to Outside Expert Committee members Chairman as prevailing with Principal

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offense under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time taken visible action to proceed against such offense or reported it to the Vigilance Office the Monitor may also transmit this information directly to the Central Vigilance Commissioner Government of India

(9) The word bdquoMonitor‟ would include both singular and plural

Section 9 ndash Pact Duration

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 49: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender 13000112-HD-48002 Annexure- AIV Integrity Pact

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 50: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Bidderrsquos Declaration (This information needs to be necessarily filled and returned stamped and signed by the bidder) To Deputy General Manager Materials-Hindustan Petroleum Corporation Limited Mumbai ndash 400074 Offer Ref No Date From Ms_________________________________________

Details of Earnest Money Deposit are as follows 1 NAME OF VENDOR _______________________________ 2 ADDRESS OF VENDOR _______________________________ 3 DD NO PO NO _______________________________ 4 BANK GUARRANTEE NO _______________________________ 5 DATE OF DD PO BG _______________________________ 6 DRAWN ON BANK _______________________________ 7 AMOUNT RS _______________________________ Details of Documents enclosed for prequalification Pre-Q Pre-Q Criteria Details of Documents enclosed 1a Annual turnover

1b Similar orders executed

Contact Details Name Designation Phone Cell Fax Email ID of contact person

Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________ Email ID______________________________________________ Name Designation Phone Cell Fax Email ID of Marketing contact person Name amp Designation_______________________________________________ Phone Cell Fax No______________________________________________

Email ID______________________________________________ We have gone through the details of Terms and conditions of tender of Ms Hindustan Petroleum Corporation Limited (Mumbai Refinery Division) and we agree to abide by the same in toto

IWe declare that they our orgainisation company has not been banned or delisted by any government or quasi Government agencies or PSUs

Yours Faithfully Signature Name Designation

Date

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 51: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Page 1 of 2

Tender No-13000112-HD-48002

BANK GUARANTEE IN LIEU OF EARNEST MONEY (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 Bombay-20 (hereinafter called The Corporation which expression shall include its successor in business and assigns) issued a tender on Messrs a partnership firmsole proprietor businessa 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 toexecution 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 Rs (Rupees only) We Bank having office at Bombay (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 fulfilment 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 andor 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 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

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 52: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Page 2 of 2

tenderor 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 six months 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 andor the AgreementContract 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)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 53: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Performance Bank Guarantee Format Tender No-12000112-HD-48002

BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER

CONTRACTOR (on non-judicial stamp paper of appropriate value)

To Hindustan Petroleum Corporation Ltd (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD a Government of India Company registered under the Companies Act 1956 having its registered office at 17 Jamshedji Tata Road Bombay - 400 020 (hereinafter called the Corporation which expression shall include its successors and assigns) having awarded to Ms ____________ a partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its office at _______ (hereinafter referred to as the Supplier which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia of the Corporations Order No _____ dated _____ and the General purchase conditions of the Corporation and upon the condition of suppliers furnishing security for the performance of the Suppliers obligations andor discharge of the suppliers liability under andor in connection with the said supply contract upto a sum of Currentcy ___ (Currency__________) amounting to 10 (ten percent) of the total contract value We ______ (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Corporation in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by the Supplier to the Corporation under in respect of or in connection with the said supply contract inclusive of all the Corporations losses and damage and costs (inclusive between attorney and client) charges and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by the Corporation to the Bank with reference to this Guarantee upto and aggregate limit of Currency______( Currency _______ ) and the Bank hereby agrees with the Corporation that 1 This GuaranteeUndertaking shall be a continuing Guarantee Undertaking and shall remain valid and irrecoverable for all claims of the Corporation and liabilities of the Supplier arising upto and until midnight of _______________ 2 This GuaranteeUndertaking shall be in addition to any other guarantee or security whatsoever that the Corporation may now or any time anywise have in relation to the Suppliers obligationliabilities under andor connection with the said supply contract and the Corporation shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Corporation to enforcing or requiring enforcement to any other security shall have the effect of releasing the Bank from its full liability hereunder 3 The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Suppliers obligation andor liabilities under or in connection with the said supply contract and to vary the term vis-a-vis the supplier of the said supply contract or to grant time andor indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the supplier under the said supply contract andor the remedies of the

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 54: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Performance Bank Guarantee Format Tender No-12000112-HD-48002

Corporation under any other security(ies) now or hereafter held by the Corporation and no such dealing(s) variation(s) or other indulgence(s) or agreement(s) with the supplier or release of forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing rights of the Corporation against the Bank 4 This GuaranteeUndertaking shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the supplier but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Corporation in terms hereof 5 The Bank hereby waives all rights at any time inconsistent with the terms of this GuaranteeUndertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by the suppliers (whether or not pending before any arbitrator officer tribunal or court) or any denial of liability by the supplier or any other order of communication whatsoever by the supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof 6 The amount stated in any notice of demand addressed by the Corporation to the Bank as liable to be paid to the Corporation by the supplier or as suffered or incurred by the Corporation on account of any losses or damages or costs chargesandor expenses shall be as between the Bank and the Corporation be conclusive of the amount so liable to be paid to the Corporation or suffered or incurred by the Corporation as the case may be and payable by the Bank to the Corporation in terms hereof 7 Notwithstanding anything contained herein before our liability under this guarantee is restricted to Currency ___ (Currency _) in agreegate and it will remain in force till the ________ day of _____ 20___ Unless a claim or demand in writing is made against us under the guarantee before the expiry of six months from the aforesaid date ie before the _____ day of 20_____ all rights under said aggregate shall be forfeited and we shall be relieved and discharged from all liability hereunder 8 The Bank has power to issue this guarantee in favour of the Corporation in terms of the documents andor the agreementcontract or MOU entered into between the supplier and the Bank in this regard IN WITNESS Where of ____________ Bank has executed this document at ________________ on _______________ 199

_____________________ Bank (by its constituted attorney) (signature of a person authorized to

sign on behalf of the Bank)

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 55: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 1 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 1 Price

Terms Please specify the Price Terms of the materials being offered by you

For example (a) Ex-works _________ (b) FOR-despatch point ____________ (c) FOR-Mumbai (d) Free Delivery at HPCL- Refinery stores

2 Packing

amp Forwarding (PampF) Charges

Please specify whether PampF charges are Nil Included in your quoted rate Extra

(Nil)

(Included)

(Extra)

In case PampF charges are extra please quote in terms of lsquoPercentage of Basic Pricersquo This will be loaded while evaluating your offer

_____________ 3

Excise Duty (including

Education cess)

--------------- CENVAT Benefit

Please specify whether Excise Duty is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra)

In case Excise Duty is Extra please specify the rate of Excise Duty amp Education Cess

_____________

Please specify Excise Tariff Number for each item of this Price Enquiry

Please mention the details of your registration with the Central Excise Authorities (ECC No)

Please confirm your acceptance that the requisite documents (ie the copy of your Invoice marked lsquoDuplicate for Transporterrsquo) will be furnished to HPCL for claiming CENVAT benefit

(Yes)

(No) In case Excise Duty is extra included in your quoted rate and CENVAT benefit is being passed on to HPCL please indicate the CENVAT component that can be passed on as to HPCL in terms of lsquoPercentage of your quoted ratersquo

_____________ Else please specify the CENVAT component in terms of per UNIT (eg RsMtr or RsKg or Rslitre etc) in the Un-priced Bid against each item separately Please confirm

(Yes)

(No) NOTE Please note the following points regarding Excise Duty and CENVAT (1) The Excise Duty will be loaded while evaluating your offer (2) In case you are passing on the CENVAT benefit to HPCL the CENVAT amount mentioned by you will

be off-set while evaluating your offer (3) In case you are NOT passing on the CENVAT benefit to HPCL your offer will be evaluated without off-

setting the CENVAT component (4) Upon placement of the PO while making the supplies in case it is observed that the CENVAT

documents are not furnished or CENVAT amount as per the documents furnished by you is less than that quoted above the differential amount will be deducted from your bills as applicable

In case CENVAT benefit can not be passed on to HPCL please furnish the reasons

4 Central Sales

Tax (CST) or

VAT

Please specify whether CST VAT is Nil or is included in your quoted rate or is Extra

(Nil)

(Included)

(Extra) In case VAT CST is extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ Please specify whether it is VAT or CST with HPCL C form or is CST without C form

(VAT)

(CST with C

Form)

(CST without

C-Form) In case of VAT please indicate your TIN No

NOTE In case of VAT please note the following point 1 In case you have a valid TIN Number HPCL can claim Input tax credit and your offer will be evaluated

by off-setting the Input tax credit 2 In case you do not have a valid TIN Number your offer will be evaluated without off-setting the Input tax

credit

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 56: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 2 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer 5 Freight

Charges Please specify whether Freight Charges are Nil or are included in the basic price or are payable Extra by HPCL

(Nil)

Included

(Extra) In case Freight charges are extra please quote Maximum limit of freight charges in terms of lsquoPercentage of your quoted ratersquo or per unit

_____________

NOTE (1) Your offer will be evaluated by loading the maximum freight charges quoted by you above (2) The freight charges will be paid extra at actuals (with documentary proof) subject to the maximum of

percentage amount mentioned above (3) In case the actual freight charges exceed the maximum limit of freight charges mentioned by you the

differential amount will be deducted from your bills (4) In case of Pipes Plates Structurals Chemicals etc the freight charges should be quoted on door

delivery basis 6 Octroi Charges Please specify whether Octroi Charges are Nil or are Extra

(Nil)

(Extra) In case Octroi Charges are extra please specify the rate in terms of percentage of Basic Price This will be loaded while evaluating your offer

_____________ NOTE In case of Octroi Charges please note the following point

(1) The Octroi Charges shall be reimbursed by HPCL at actuals against submission of invoice with documentary proof

(2) Hence the Octroi Charges should not be included in your quoted prices (3) In case vendor insists on octroi in HPCLs scope 6 service charges will be loaded on the octroi

amount at the time of evaluation 7 Payment Terms Please confirm your acceptance to our Standard Payment

Terms 100 of bill amount after verification certification by user

shall be paid in 30 days of receipt of bill by HPCL

In case of any deviations from our standard payment terms (such as Documents through bank by Demand Draft etc) all bank charges will be to your account Please confirm your acceptance

In case of any deviation from our Standard Payment Terms interest loading will be done 15 per month while evaluating your offer

8 Delivery Period Please specify the delivery period

NOTE (1) The delivery period will be reckoned from the date of our FOI Purchase Order whichever is earlier (2) In case of Rate Contracts the delivery period will be reckoned from the date of our each Indent

9 Liquidated

Damages Clause

In case delay in delivery of the material a sum equivalent to 05 percent of the PO value for every week or part thereof of the delay subject to a maximum of 5 percent of the total PO value shall be deducted

Please confirm your acceptance

10 Warrantee

Guarantee (If Applicable)

Minimum 18 months from the date of supply or 12 months from the date of commissioning whichever is earlier Please confirm your acceptance

11 Validity of your offer

Please confirm that your offer is valid for our acceptance for a period of four months from the due date mentioned in this Tender Enquiry

In case the validity of your offer is shorter your offer will be rejected

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 57: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Attachment-II Commercial Terms amp Conditions - Indian vendors Mumbai Refinery

(Page 3 of 3) Signature amp Stamp of the authorised signatory

Sl No Description of the Terms amp conditions Vendorrsquos offer

12 Part Order

Please confirm your acceptance to item-wise Part Order NOTE Please note the following points regarding Part Order

(1) Part order means that your offer will be considered for the full quantity for those items for which you emerge the lowest acceptable vendor It does not mean splitting of the quantities of individual items

(2) In case of your non-acceptance your offer is liable for rejection 13 Transit

Insurance Transit insurance has to be arranged by you Please quote the maximum charges in terms of percentage of basic price

_____________

14 Arbitration

Clause Please confirm your acceptance to our Arbitration Clause enclosed with this tender

15 Cancellation Risk Purchase Clause

Please confirm your acceptance to our Purchase Order Cancellation clause and the Risk Purchase Clause enclosed with this tender

16 MicroSmall and

medium enterprise (MSME)

National small

industries corporation(NSIC )

Please confirm your registration as MSME for any all items of this Price Enquiry

(Registered)

(Not registered)

If registered please enclose a copy of the valid MSME registration certificate applicable for

the items offered by you

Please confirm your registration with NSIC for any all items of this Price Enquiry

(Registered)

(Not registered)

In case you are registered with NSIC please confirm that you have not succeeded in securing orders for the same item in competition (ie without price preference) with the large scale units during the preceding 12 months

If registered please enclose a copy of the valid NSIC registration certificate applicable for the items offered by you

Price preference shall be considered for units registered with NSIC as per the prevailing government guidelines rules amp regulations as applicable

17 Performance Bank

Guarantee (PBG) Please confirm that PBG will be submitted by you your invoice and other documents for 10 of the Purchase Order value for the Warrantee Guarantee period in HPCLrsquos prescribed format

In case PBG required in the tender 10 payment will be made ONLY upon submission of PBG

If there is any statutory variation in existing taxes and duties andor any new tax or duty is levied during the contractual delivery period the same shall be borne by HPCL

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441

Page 58: Tender No. : 13000112-HD-48002 Basic Information Of Tender3.imimg.com › data3 › AR › BO › HTT-344 › 344_2013-05-18-14-26-34_… · Tender No. : 13000112-HD-48002 Tender

Tender No 13000112-HD-48002 Tender Published On 30-Apr-2013 1804

All Uploads and ConfirmationsSlNo Description HPCL File HPCL Value Supporting

Doc Reqd

1 Confirm that you have studied complete bidding document including Technical andCommercial part and your bid is in accordance with the requirements of the biddingdocument

- No

2 Confirm your compliance to total scope of work and Delivery Period as mentionedin the bidding document

- No

3 Confirm that you have quoted all taxes duties as applicable - No

4 Pls upload the INTEGRITY PACT duly ALL PAGES signed and stamped here - Mandatory

5 Pls upload FINANCIAL CRITERIA CERTIFICATE DULY FILLED IN ANDCERTIFIED AND STAMPED BY REGISTERED AUDITOR HERE

- Mandatory

6 PLS UPLOAD ALL SUPPORTING DOCS LIKE AUDITED BALANCE SHEETSPROFIT AND LOSS ACCOUNTS STATEMENTS DULY CERTIFIED ANDSTAMPED AND SIGNED BY REGISTERED AUDITOR IN SUPPORT OF PQCRITERIA HERE

- Mandatory

7 PLS UPLOAD THE SCANNED COPIES OF PURCHASE ORDERS IN SUPPORTOF PQ CRITERIA HERE

- Mandatory

8 If you are NSICSME registered vendor please confirm your registration withNSICSME for any or all items of this Price Enquiry

- No

9 In case you are registered with NSIC please confirm that you have not succeededin securing orders for the same item in competition ie without price preferencewith the large scale units during the preceding 12 months

- No

10 If registered with NSIC please enclose a copy of the valid NSIC registrationcertificate applicable for the items offered by you

- Allowed

11 Price preference shall be considered for units registered with NSICSME as perthe prevailing government guidelines rules amp regulations as applicable

- No

12 Confirmation of acceptance of the Reverse Auction Process - No

13 Confirmation to accept part order without any stipulation of minimum order quantityfor execution of supplies Order will be placed on two vendors on 6040 ratio basedon the original rankings

- No

14 Confirmation that in the event of order placed on you Performance BankGuarantee shall be submitted for 10 of the contract value valid for 6 months (plusone month) from the date of PO toward guarantee for any ManufacturingdefectsInferior workmanship etc

- No

15 Confirmation that in event of order being placed on you you shall furnish SecurityDeposit by way of Demand Draft for 1 of PO value

- No

16 Confirmation that Original MODVAT copy plus transporters copy of invoice shall besubmitted along with materials

- No

17 Confirmation that the following Manufacturers test certificates all in triplicate besent with dispatch documents to HPCLPhysical and Chemical Properties in conformance to the IS Standard shall beexplicitly certified (b) Inspection release note(c ) Mill Certificate showing heatMarkings

- No

18 Confirm that any deviationrejection if communicated subsequent to inspection andtesting of material within 6 months of supply material shall be replaced within 45days by the supplier Rejected material shall be collected by the supplier at his owncost

- No

19 PLS MENTION YOUR TIN NUMBER - No

20 Please confirm your acceptance to our Arbitration Clause enclosed with thistender

- No

21 PLS UPLOAD THE SCANNED COPIES OF EMDPBG IN SUPPORT OF PQCRITERIA HERE

- Mandatory

22 Vendor to upload filled bidder declaration signed and stamped here after scanning - Mandatory

23 Vendor to upload filled CTC (Annexure-11) signed and stamped here afterscanning

- Mandatory

Free tenders for Coil by Hindustan Petroleum Corporation Limited-5178034441