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CORRISION INHIBITOR ETHANOL HPCL

Hindustan Petroleum Corporation Ltd.(A Government of India Enterprise)

Bid Document for

TENDER NO: 12000102-HD-10002

GLOBAL NOTICE INVITING TENDER

CORROSION INHIBITOR - ETHANOL

BID DUE DATE & TIME : 24-08--2012 at 1500 hrs

OPENING OF UN-PRICED BIDS: 24-08-2012 at 1530 hrs

1 of 112 Sign & Stamp of Bidder


Document Sl. No.



FORM FOR ISSUE OF BID DOCUMENT

HINDUSTAN PETROLEUM CORPORATION INDIA LIMITED(A Govt. of India Undertaking)

Registered Office,17, JAMSHEDJI TATA ROAD,MUMBAI – 400 020

Bid DocumentFor

CORROSION INHIBITOR - ETHANOL

INTERNATIONAL COMPETITIVE BIDDING

Bid Document No.: 12000102-HD-10002

This document is issued to:

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Issued by :

(R. D. Gaur) DGM-Purchase (Procurement)

Hindustan Petroleum Corporation Limited (A Govt. of India Undertaking)



TABLE OF CONTENTS

I Chapter 1 Notice for Global Invitation For Bids (IFB)Request For Quotation (RFQ) including Cut-out Slips

II Chapter 2 Instructions to Bidders

III Chapter 3 Special Conditions of Purchase

IV Chapter 4 A General Purchase Conditions for Indigenous Equipment & Materials

B General Purchase Conditions for ImportsAnnexure-

VIIIGeneral Terms & Conditions-Works Contracts

V Chapter 5 Bid Form and Price Schedule FormatsVI Chapter 6 Delivery Schedules

VII Chapter 7 Agreed Terms & Conditions - Questionnaire

VIII Chapter 8 Proformae / AnnexuresA : Bid Security FormB : Contract Performance Bank GuaranteeC : Letter of Authority for attending Un-priced and Priced bid openingD : Declaration FormE : Manufacturer’s Authorisation Form and Back-up GuaranteeF : Bidder’s General InformationG : Annual Turnover FormH : Integrity PactI : Bank Guarantee for AdvancesJ : Parent Company Guarantee

IX Chapter 9 TECHNICAL SPECIFICATIONS



Chapter – 1- Notice For Global Invitation For Bids (IFB)- Request For Quotation (RFQ) including Cut-out Slips

GLOBAL NOTICE FOR INVITATION FOR BIDS

FOR CORROSION INHIBITOR - ETHANOLBID DOCUMENT NO.: 12000102-HD-10002Hindustan Petroleum Corporation Limited (HPCL), invites sealed bids under single stage two bid system for CORROSION INHIBITOR – ETHANOL as per details given in the bid document.

Bid Security: Indian Bidder : 4,80,000/- Foreign Bidder: USD 8,650

Detailed IFB along with Qualification Criteria and Bid Document can be viewed and downloaded from HPCL’s website : http://www.hindustanpetroleum.com

DGM-Purchase( Procurement) Hindustan Petroleum Corporation Limited, Mumbai

Fax: 0091-22-2264 2352, Tel: 0091–22–2264 2342


http://www.hindustanpetroleum.com/


NOTICE FOR INVITATION FOR BIDS

1.0 INTRODUCTION

M/s Hindustan Petroleum Corporation Limited (HPCL), invites Global Tenders under two bid system from eligible Bidders for corrosion inhibitor – ethanol as specified in the tender document.

2.0 BRIEF SCOPE OF WORK:

This tender initiated for procurement of corrosion inhibitor for doping into ethanol at all POL locations in India. Doping of corrosion inhibitor in ethanol is mandatory as notified by government of india under ethanol blending programme (EBP).

3.0 BID QUALIFICATION CRITERIA:

BID QUALIFICATION CRITERIA

GLOBAL NOTICE FOR INVITATION FOR BIDS FORCORROSION INHIBITOR FOR ETHANOL DOPING AT POL LOCATIONS

Hindustan Petroleum Corporation Limited (HPCL), invites sealed bids under single stage two bid system from eligible bidders for supply of corrosion Inhibitor(Type-1) for cross country pipelines. Brief Scope of work :

Supply of Corrosion Inhibitor to HPCL’s Depot/Terminal across the country as per tender specifications.

BID QUALIFICATION CRITERIA:

(A) Bidders shall meet all the Criteria given hereunder in Clause 1.0

1.0 Financial:

Annual Turnover: Bidders shall meet the minimum prescribed pre-qualification requirement as follows:Average Annual financial turnover, during the last three financial years ending March 31, 2012 shall be at least INR 70,00,000.00 (USD 127,272) . For the vendors following financial year closing at the end of June or September or December, the last 3 financial years ending with the respective quarter of 2011 will be considered.

2.0 Technical:

Vendor / Supplier should have supplied Corrosion Inhibitor to Oil Industry POL locations or cross country pipelines in India during last 7 years ending on March 31,



2012. The experience of having successfully completed similar work as stated above should be either of the following:

a. Three similar completed works i.e supply of Corrosion Inhibitor, each costing not less than the amount of INR 90,00,000.00 (USD 163,636) OR

b. Two similar completed works i.e supply of Corrosion Inhibitor, each costing not less than the amount of INR 120,00,000.00 (USD 218,181)

ORc. One similar completed work i.e supply of Corrosion Inhibitor, costing not less

than the amount of INR 180,00,000.00 (USD 327,272)

(B) Information/Documents required along with Application:

1) Title, style and postal address of the firm.

2) Communication particulars including telephone numbers, fax numbers and e- mail address.

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

(a) Copies of audited Annual Reports / Balance sheet and Profit & Loss account for the last three financial year ending June’11 / September ’11 / December’11 / March,2012, as the case may be.

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

C. OTHER INFORMATION

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

(a) Controls either directly or indirectly a Party, or(b) Which is controlled directly or indirectly by a Party; or(c) Is directly or indirectly controlled by a company, legal entity or

Partnership which directly or indirectly controls a Party. “Control” means actual control or ownership of at least a 50% voting or other controlling interest that gives the power to direct, or cause the direction of, the management and material business decisions of the controlled entity.

2. Bids may be submitted by:a) A single person/ entity (called sole bidder);b) A newly formed incorporated joint venture (JV) which has not completed 3

financial years from the date of commencement of business;



c) A consortium (including an unincorporated JV) having a maximum of 3 (three) members;

d) An Indian arm of a foreign company.

3. Fulfillment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders are stated below, respectively:

a) The sole bidder (including an incorporated JV which has completed 3 financial years after date of commencement of business) shall fulfil each eligibility criteria.

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

c) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the following conditions shall apply:

1) Each member in a consortium may only be a legal entity and not an individual person;

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

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

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

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

6) The prime member shall fulfill each eligibility criteria;7) a commitment shall be given from each of the consortium members in the

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

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

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

10) No consortium member shall hold less than 25% stake in a consortium;11) Entities which are affiliates of one another are allowed to bid either as a

sole bidder or as a consortium only;



12) Any person or entity can bid either singly or as a member of only one consortium.

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



HINDUSTAN PETROLEUM CORPORATION LIMITED (A Government of India Enterprises) REGISTERED OFFICE: 17, JAMSHEDJI TATA ROAD, MUMBAI-400 020)

TELEPHONE: +9122-22642352 2nd Floor, Gresham BuildingTELEGRAM: Sir P.M.Road, FortFAX: +9122-22642342 Mumbai -400 001

REQUEST FOR QUOTATION (RFQ )

BID DOCUMENT. : Date: / /

To Owner: HINDUSTAN PETROLEUM CORPORATION LIMITEDBid Document No.: 12000102-HD-10002Item supply of corrosion inhibitor ethanol Bid Due Date & Time: 24.8.2012 Upto 1500 hrs (IST)

OPENING OF BIDS (PART-I AND PART-II) : At 1530 Hrs (IST) on 24.8.2012

VENUE FOR ABOVE OPENINGS : HPCL, 2nd Floor, Gresham Building Sir P.M.Road, Fort , Mumbai 400 001

Gentleman,

HPCL invites you to submit bid under International Competitive Bidding for the goods in complete accordance with the Bid documents/attachments.1.0 Bids complete in all respects should reach owner's (HPCL's) office on or before the BID DUE

DATE AND TIME. Fax/Telex/Telegraphic bids/E-Mail bids shall be rejected.2.0 Since Owner intends to contract directly with suppliers of the goods for which bids are invited,

the bids should be prepared by the suppliers and transmitted to Owner (HPCL) directly. the Owner, therefore, reserves the right to reject offers made by intermediaries.

3.0 Order will be placed on the bidder (in whose name the bid document has been purchased) who will have full responsibility for contractual purposes.

4.0 COMPLETION PERIOD : Requirement of completion period is given in Chapter-6 of the bid document.

5.0 Purchaser reserves the right to allow price preference to Domestic Bidders and Purchase preference to Public Undertakings as admissible under the prevailing policy.

6.0 HPCL reserves the right to reject any or all the bids.7.0 The order will be issued by the owner.

THIS IS NOT ORDER



Yours faithfully, for and on behalf of

Hindustan Petroleum Corporation Limited

(R.D.Gaur) DGM-Purchase Hindustan Petroleum Corporation Ltd.

IMPORTANT:

1. No correspondence through Indian Agent/Representative firm will be entertained.

2. Please specify Bid document Number in all your correspondence.

FOREIGN BIDDERS ARE REQUIRED TO SUBMIT THEIR BIDS THROUGH THEIR COURIER / FREIGHT FORWARDING AGENTS ON FREE DOMICILE SHIPMENT BASIS (WHERE ALL THE CHARGES INCLUDING CUSTOMS DUTY TO BE BORNE BY THE BIDDER) ON FREE DELIVERY TO US.



CUT-OUT SLIPDO NOT OPEN- THIS IS A QUOTATION

(Envelope No 1- BID SECURITY)

Client : Hindustan Petroleum Corporation Limited

Bid Document No. : 12000102-HD-10002

Item : Corrosion Inhibitor - Ethanol

Bid Due date & Time: 24.08.2012 Upto - 1500 HRS. (IST)

From : To :DGM-Purchase

HINDUSTAN PERTOLEUM CORPORATION LIMITEDGresham Assurance Building (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort,

Mumbai – 400001

(To be pasted on the outer envelope containing Bid security)



CUT-OUT SLIP

DO NOT OPEN- THIS IS A QUOTATION

(Envelope No 1-– Unpriced bids)




Bid Due date & Time: 24.08.2012 Upto -15 00 HRS. (IST)

From : To :DGM-PURCHASEHINDUSTAN PERTOLEUM CORPORATION LIMITEDGresham Assurance Building (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort,

Mumbai – 400001

(To be pasted on the outer envelope containing “Unpriced bid”)

CUT-OUT SLIP



DO NOT OPEN- THIS IS A QUOTATION

(Envelope No 2- PRICED BIDS)






Mumbai – 400001

(To be pasted on the outer envelope containing - Priced bids)

CUT-OUT SLIP



DO NOT OPEN - THIS IS A QUOTATION



Item Corrosion Inhibitor Ethanol



Mumbai – 400001

(To be pasted on the outer envelope containing Bid Security, Un-priced bid and priced bids)



Chapter – 2Instructions to Bidders

INDEX

ARTICLE DESCRIPTIONSR. NO.

1.0 COST OF BIDDING

2.0 BID DOCUMENT

3.0 SEALING & MARKING OF BIDS

4.0 AMENDMENT OF BID DOCUMENT

5.0 LANGUAGE OF BID

6.0 DOCUMENTS COMPRISING THE BIDS

7.0 BID FORM AND PRICE SCHEDULE

8.0 FORMAT AND SIGNING OF BID

9.0 PREPARATION & SUBMISSION OF BIDS

10.0 BID DUE DATE & TIME

11.0 PERIOD OF VALIDITY OF BIDS

12.0 LATE BIDS

13.0 MODIFICATION & WITHDRAWAL OF BIDS

14.0 OPENING OF BIDS

15.0 EVALUATION OF BIDS

16.0 REJECTION CRITERIA

17.0 COMPARISION OF BIDS

18.0 CONTACTING THE OWNER

19.0 AWARD CRITERIA

20.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR

ALL BIDS

21.0 NOTIFICATION OF AWARD

22.0 ISSUE OF PURCHASE ORDER

23.0 REBATE

24.0 GRIEVANCE REDRESSAL MECHANISM

25.0 VERIFICATION BY OWNER

26.0 OTHERS



NOTICE FOR GLOBAL INVITATION FOR BIDS & INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

Small scale Industries registered with NSIC and Central Government PSUs will be issued bid document free of cost on receipt of written request to this effect. Industries registered with NSIC shall provide necessary documentary evidence, whereas PSUs shall submit declaration to this effect that they are Central PSU and are eligible for getting documents free of cost.

1.1 Bid document is non-transferable. Bidder must buy the bid document in his own name and submit the bid directly. Bids received from bidders in whose name bid document has been purchased shall only be considered.

1.2 Bids received after stipulated due date and time, due to any reasons what-so-ever, including postal delays, will not be considered.

1.3 HPCL will follow price / purchase preference policy as per prevailing guidelines of Government of India.

1.7 In case of any queries regarding the tender, the same may be addressed to:

J D Chandrakumar,Manager Procurement - P&P,2nd Floor, Gresham Assurance Building,Sir P. M. Road, Fort, Mumbai 400001.

Tel. +91 22 22608520. E-mail i.d.: [email protected]

Fax : 022 – 2264 2352 DGM- Procurement P&PPhone: 022 – 2264 2342 Hindustan Petroleum Corporation Ltd.


mailto:[email protected]


2.0 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the bid, and OWNER (M/s Hindustan Petroleum Corporation Limited) will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

3.0 BID DOCUMENT

3.1.1 The bidder is expected to examine all instructions, forms, terms and specifications in the bid document. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidder, unless deviations are specifically stated seriatim by the bidder. Failure to furnish all information required by the bid document or submission of a bid not substantially responsive to the bid documents in every respect will be at bidder's risk and may result in the rejection of his bid.

3.1.2 The bidder's scope of supplies as specified in the tender document shall be in strict compliance with the scope detailed therein and in the bid document

4.0 SEALING, MARKING & SUBMISSION OF BIDS

4.1 Bids shall be submitted separately in TWO PARTS in sealed envelopes super scribed with the Bid Document number, bid due date and time, item and nature of bid as under:

4.1.1 PART-I (Envelope No. 1): Bid Security and Bid Document Fee:(a) Bid Security in accordance with Clause no. 7 of Chapter 3.(b) Bid Document Fee: In case bidder opts to quote on the basis of downloaded bid document from the web site, the bid Document fee must be enclosed in this envelope.

4.1.2 PART-II (Envelope No. 1): Unpriced Bid:

4.1.2.1 Information and documentary evidence establishing bidder’s claim for meeting qualification criteria as stipulated in IFB under Chapter- 1. This part / envelop should necessarily contain all the required back-up documents for Bid Qualification.

4.1.2.2 UNPRICED BID complete with all technical and commercial details, covering letter and unpriced copy of price Schedule with prices substituted with 'quoted' or 'not quoted' or 'not applicable’. Deviation sheet duly filled with deviations, if any, shall form part of Unpriced Bid. The following documents shall be submitted with Unpriced bid alongwith the documents as mentioned above:(a) Past Experience showing similar supplies.(b) Signed Tender document duly signed on all the pages, as a

token of acceptance of tender terms and conditions.



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

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

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

Bid Document.

4.1.3 PART-III (Envelope No. 2): Priced Bid

PRICED BID WITH FULL PRICE DETAILS to be submitted in Price Bid. The price bid shall contain prices only in the prescribed price schedule format, without any technical and commercial details. Technical specifications or commercial terms given in unpriced schedule will only be evaluated and the same will be binding on the Bidder.

4.2 The envelopes containing Part-I, Part-II, Part-III of bid shall be enclosed in a larger envelope duly sealed and pasted super scribed with the name & address of the Bidder and the tender no. & subject.

4.3 Bidder to note that if Bid Security (in the Proforma attached with these documents) in original and / or Bid Document fee (if the Bid Document is down loaded) are not found in envelope no.1 or 2, the offer of the bidder(s) will be REJECTED during bid opening.

4.4 Bidder to note that prices are to be quoted in the Format provided in the price schedule formats provided in Section – XIII. Price bids submitted in any other format and conditional price bids are liable to be rejected.

4.5 If the outer envelope is not sealed and not marked as required, the HPCL will assume no responsibility for the Bid's misplacement or premature opening.

4.6 Bidders in their own interest shall ensure that they send their bid complete in all respects well in time to reach the specified office of HPCL within the specified bid due date and time. No relaxation shall be given for delay due to any unforeseen event in submission of bid.

4.7 In case of Indian Bidders, Central Public Sector Enterprises and Firms registered with NSIC are exempted from submission of Bid Security as well as bid document fees. Central Public Sector Enterprises are requested to give a self declaration on their letter head to this effect, which should be submitted in a sealed envelope marked as Bid Security as mentioned in clause no. 6.1.1 above.

4.8 In case of Indian Bidders, Bidders registered with NSIC are also requested to submit self declaration on their letter head to this effect along with a copy of their Valid Registration certificate, specifying limit of volume and other details which should be submitted in a separate sealed envelope no. 1 marked as Bid security as mentioned in clause no. 6.1.1 above.

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

DGM- Procurement P&PHindustan Petroleum Corporation Limited, 2nd floor, Gresham Assurance Building,



Sir P. M. Road, Fort, Mumbai -400 001.INDIA

AMENDMENT OF BID DOCUMENT

5.0 At any time prior to the bid due date, the Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bid Document.

5.1 The amendment will be notified in writing to all prospective Bidders who have been issued the Bid Document and will be binding on them.

5.2 In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the Owner may, at its discretion, extend the bid due date.

6.0 LANGUAGE OF BID

The bid prepared by the Bidder and all correspondence / drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern.

7.0 FORMAT AND SIGNING OF BID

The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorised to sign on behalf of the bidder on all pages of the bid. Such authorisation shall be indicated by written Power of Attorney accompanying the bid. The name and position held by each person signing must be typed or printed below the signature. The person or persons signing the bid shall initial all pages of the bid, except for unamended printed literature.

7.1 The complete bid shall be without alterations, interlineations or erasures, except as may be necessary to correct errors made by the Bidder, in which case such corrections shall be rewritten & initialled by the person or persons signing the bid otherwise bid shall be rejected for the item.

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

8.0 PREPARATION & SUBMISSION OF BIDS

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



8.2 Documents mentioned in the Bid Document shall be submitted along with the bid by the Bidder.

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

8.4 Bidders are advised to submit bids based strictly on the terms & conditions and specifications contained in the Bid Document and not to stipulate any deviations.

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

9.0 BID DUE DATE AND TIME

9.1 Bids must be received by the Owner at the address specified not later than the date and time specified in the Covering letter.

9.2 The Owner may, at its discretion, on giving reasonable notice by letter/fax/e-mail, or any written communication to all prospective Bidders who have been issued the bid documents, extend the bid due date, in which case all rights and obligations of the Owner / Consultant and the Bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.

10.0 PERIOD OF VALIDITY OF BIDS

10.1 Bids shall be kept valid for a period of 04 Months from the final bid due date / extended due date. A bid valid for a shorter period shall be considered as non-responsive and shall be liable for rejection at the sole discretion of the Owner.

The Bidder shall not be entitled during the said period of 04 Months, without the consent in writing of the Owner revoke or cancel its bid or to vary the bid given or any term thereof. In case of Bidder revoking or cancelling its bid without the consent of the Owner in writing, the Owner shall forfeit the Bid Security furnished by Bidder.

10.2 Not with standing above, the Owner may solicit the Bidder's consent to an extension of the period of bid validity. The request and the responses thereto shall be made in writing. The bid security shall also be accordingly extended.

11.0 LATE BIDS

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

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



12.0 MODIFICATION OR WITHDRAWALOF BIDS

12.1 The Bidder may modify or withdraw his bid after the bid's submission, provided that the modification/ withdrawal notice is received by the Owners prior to the bid due date & time. The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and despatched in accordance with the provisions of bid document. A withdrawal notice may also be sent by Telefax but must be followed by a signed confirmation copy dated not later than the deadline for submission of bids.

12.2 No bid shall be modified subsequent to the bid due date & time or extension, if any, for submission of bids. Bidder(s) to note that in case any bidder gives revised prices/price changes, his bid shall be liable for rejection.

12.3 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder. Withdrawal of a bid during this interval shall result in the forfeiture of Bidder's bid security.

13.0 OPENING OF BIDS

13.1 Bids will be opened by Owner in the presence of bidders/bidders authorized representatives (duly authorized by a competent person and having the letter of authority).

13.2 BID SECURITY & BID DOCUMENT FEE (if bid document is downloaded from web site) (PART-I) AND UNPRICED BID (PART-II):

13.2.1 On the day and time of bid opening, Envelope containing Bid security & Bid Document Fee (Envelop 1) and Unpriced Bid (envelope- 2) shall be opened in presence of bidders.

13.3 PRICED BID OPENING (PART-III):

13.3.1 Only those bidders whose bids are technically and commercially acceptable shall be called for opening of Priced bid (Envelop 3) at a later date, informed in advance.

13.4 The Bidder's representatives, who are present, shall sign a register / attendance sheet evidencing their attendance.

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

14.0 EVALUATION OF BIDS



14.1 The Owner will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed and whether the bids are generally in order.

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

14.3 Qualification of Bidder: The experience details, financial and technical capabilities of the Bidders shall be examined.

14.4 To assist in the examination, evaluation and comparison of Unpriced bids, the Owner may, at its discretion, ask the Bidder clarifications on the bid. The request for such clarifications and the response thereto shall be in writing. Bidder(s) to note that Price changes against Technical/Commercial clarification, if any, in line with terms and conditions of enquiry documents are not allowed. In case any bidder gives revised prices/price implications against such clarification(s), his bid is laible to be rejected.

14.5 Prior to the evaluation and comparison, the Owner will determine the substantial responsiveness of each bid to the bidding documents. For the purpose of this Article, a substantially responsive bid is one, which conforms to all the terms and conditions of the bidding document without material deviations or reservations. The Owner's determination of a bid responsiveness is to be based on the contents of the bid itself without recourse to the extrinsic evidence.

14.6 A bid determined as substantially non-responsive will be rejected by the Owner/Consultant and shall not subsequently be allowed by the Owner to be made responsive by the Bidder by correction of the non-conformity.

18.0 REJECTION CRITERIA

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

S.NO. CLAUSEi) Bid Security, if applicableii) Bid document fees (in case of submission of downloaded bid

document)iii) Performance Security (Contract Performance Bank Guarantee)iv) Force Majeurev) Guarantee/Warranty clausevi) Firm Pricesvii) Price change / implication after submission of bid



Definitions: SCP : SPECIAL CONDITIONS OF PURCHASEITB : INSTRUCTIONS TO BIDDERSGPC : GENERAL PURCHASE CONDITIONS

19.0 COMPARISON OF BIDS

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

19.2 Arithmetical errors will be rectified on the following basis :-A. When there is a difference between the rates in figures and words, the rate which

corresponds to the amount worked out by the tenderer shall be taken as correct.

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

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

19.3 Conversion to Single Currency : To facilitate evaluation and comparison, the Owner will convert all bid prices of foreign Bidders expressed in the amounts in various currencies in which bid price is payable, to Indian Rupees (INR) at SBI T.T. Selling Rate prevailing on the date of opening of Un - priced bids.

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

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

i) FOT Despatch point price (inclusive of Start up / commissioning spares but excluding Operational spares).

ii) All taxes / duties / education Cess as applicable on finished goods

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

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

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

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

bidders.



iv) Port levies / port handling charges etc. as per “Special Terms & Conditions”.

v) Import duty at prevailing rates (Merit rate of customs duty) as applicable, on CIF Value.

vi) Inland freight towards transportation from Port of Entry (JNPT Navasheva) to respective locations, as per “Special Terms & Conditions” would be applied. However, inland freight shall be the responsibility of the Purchaser.

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

The evaluated price of all the domestic Vendors and the evaluated price of all the foreign Vendors as stated herein before shall be compared for each item separately.

Price preference to off set Central Sales Tax to the extent of 4 % or actuals, whichever is less, as well as Octroi at actuals, will be given to Indian Manufacturers (subject to 30 % local content), as per the prevailing norms.

20.0 CONTACTING THE OWNER

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

20.2 Any efforts by a Bidder to influence the Owner in the Owner's bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidder's bid.

21.0 AWARD CRITERIAThe Owner will award the Contract to the successful Bidder whose bid has

been determined to be the lowest evaluated, responsive bid, provided further that the Bidder is determined to be qualified to satisfactorily perform the Contract. The owner/consultant will determine the lowest bid for individual terms for award of contract.

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

22.1 Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or; any obligations to inform the affected Bidder or Bidders of the ground for the Owner's/Consultant's action.

22.2 The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause for action or claim, against the Owner for rejection of his bid. The Owner shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the Owner.



23.0 NOTIFICATION OF AWARD23.1 Prior to the expiration of period of bid validity, the Owner will notify

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

23.2 Delivery Period shall be counted from the date of notification of award (Letter/Fax of Intent).

24.0 ISSUE OF PURCHASE ORDER24.1 After the successful Bidder has been notified that his bid has been

accepted, the Owner will send to such Bidder a detailed Purchase Order incorporating all the terms and conditions agreed between the parties.

24.2 Within 15 days of receipt of the detailed Purchase Order, the Bidder shall sign and return it to the Owner, in token of acceptance of the Order.

25.0 Grievance Redressal Mechanism :Hindustan Petroleum Corporation Limited (HPCL) has developed a “Grievance Redressal Mechanism” to deal with references / grievances if any that are received from parties who participated / intend to participate in the Corporation Tenders. The details of the same are available on our website www.hindustanpetroleum.com.

26.0 In case Foreign bidder (directly bidding for this tender) is having Indian representative under Joint venture arrangements or on commission basis the same should be disclosed in Unpriced Bid with the name & address of Indian representative along with copy of agreement. Noncompliance of above / disclosing details would result in banning business dealings and also rejection of tender.

27.0 Bidders are requested to stamp & sign all the pages of the tender document as a token of unconditional acceptance to tender terms & conditions. In case of deviations bidders are requested to mention the same separately on their letter head and submit the same along with technical bid of their offer. No corrections in tender document are allowed.

28.0 ADDRESS FOR SUBMISSION OF BIDS:

DGM - PROCUREMENT (P&P)Hindustan Petroleum Corporation Limited, 2nd Floor, Gresham Assurance Building,Sir P M Road,Fort, Mumbai - 400 001, INDIA



Chapter 3Special Conditions of Purchase

INDEX

ARTICLE SR. NO. DESCRIPTION

1.0 BRIEF SCOPE OF WORK

2.0 BID PRICES

3.0 DELIVERY PERIOD

4.0 BID SECURITY

5.0 CONTRACT PERFORMANCE BANK GUARANTEE

6.0 PRICE REDUCTION FOR DELAY IN DELIVERY

7.0 INSURANCE



8.0 PAYMENT TERMS

9.0 GUARANTEE/WARRANTY

10.0 REPEAT ORDER

11.0 LIABILITY CLAUSE

12.0 DEFINITIONS / NOTES

13.0 PESO APPROVAL DURING SUBMISSION OF BID

14.0 UL/FM APPROVAL

15.0 BIDDER VALIDAITON DOCUMENTATION

CHAPTER-3

SPECIAL CONDITIONS OF PURCHASE

The following articles shall supplement the instructions to Bidders and General Purchase Conditions. In case of any conflict between General Purchase Conditions and Special Conditions of Purchase, the latter shall prevail to the extent applicable. 1.0 BRIEF SCOPE OF WORK

Bidder’s scope of supplies shall be in strict compliance with the enclosed Material Requisition.

2.0 BID PRICES

2.1 Prices shall be furnished strictly in the appropriate price Schedule format enclosed with the bid document (Priced Bid & tables in Chapter-5).

2.2 Quoted prices for supply/ services shall remain firm and fixed till complete execution of order.

1.3 Quoted prices shall be inclusive of all testing and inspection requirements as specified



in the bid document.

2.4 Bidder’s quoted prices shall be deemed to include entire Specification of Rim Seal Fire Protection System and all obligations and responsibilities to be carried out / executed by the Bidder as per terms of bid document. It is clearly understood by the Vendor that it is for the Vendor to ascertain and assess the applicable Acts/ Regulations/ Laws etc entirely of their own. It is also for the Vendor to ascertain and assess the applicability of taxes, duties, levies etc. In case of any difference of opinion between Vendor’s proposal and interpretation by any tax/ assessing (or similar) authorities, on the rate or terms and conditions related to taxes and duties etc. , Owner’s liability , shall be strictly as per terms/provisions of the contract based on bid document and Vendor’s offer.

2.5 Quoted prices must be net of discount, if any.

2.6 DELETED

2.7 DOMESTIC (INDIAN) BIDDERS:

2.7.1 Domestic Bidders shall quote their prices in Indian Rupees only.

2.7.2 Domestic Bidders shall quote prices on FOT Despatch Point basis including packing and forwarding charges. Firm freight charges shall be quoted from Bidder’s dispatch point to the destination(s).

2.7.3 In case domestic Bidder’s bid is based on certain imported raw materials/components required for manufacture of offered goods, such Bidder shall furnish his prices based on the MERIT RATE of customs duty only

Note: Bidder has the option not to seek variation on account of customs duty on their built in import component and in case bidder opts for this, the same shall be clearly highlighted in the offer.

2.7.4 Bidder shall furnish the quantum of imports involved for imports of necessary raw materials and components giving CIF value of imports considered and included in quoted FOT dispatch point prices.

2.7.8 In case of bidder’s proposal on the basis of Merit Rate of Customs Duty for their built-in import content, bidder shall ascertain the applicable merit rate(s) of Customs duty, and shall be solely responsible towards applicability and correctness of such rates.

2.7.9 The bidder is required to check the applicability of Customs duty, CVD, Education Cess etc.

2.7.10 Any foreign exchange rate variation on the actual CIF value of import content shall be to Bidder’s account and owner shall bear no responsibility whatsoever.

2.7.10.1In the event raw materials/component’s procurement is delayed beyond 2/3rd of the contractual delivery Schedule (as per Chapter-6), customs duty rate prevailing on the last date of 2/3rd of such contractual delivery Schedule, or actuals, whichever is lower shall be taken as the base for payment of variation on these accounts.

2.7.12 Customs duty variation on CIF content as referred above shall be payable on documentary evidence like Bill of Entry, Bank advice etc. Or any other document as sought by HPCL shall be submitted by the bidder along with each invoice for such adjustment.

2.7.13 Any statutory variation in the rate of customs duty on the date of actual imports on the



actual CIF value of import content up to 2/3rd of the contractual delivery date, but subject to maximum of such duty payable on quoted CIF value, shall be to Owner’s account. However, any increase in the rate of customs duty beyond 2/3rd of the contractual delivery period shall be to Bidder’s account and any decrease shall be passed on to Owner.

No variation in CVD shall be payable by Owner.

2.7.14 It is the responsibility of Bidder to take into consideration the applicable rates for Customs duty, CVD, Education Cess etc. and indicate rates considered along with the customs classification.

2.7.15 In case, there is no Import Content in the quoted prices, Bidders to mention "NA" (Not Applicable) in the relevant columns of Price Schedule format).

2.8 FOREIGN BIDDERS

2.8.1 Foreign Bidder shall quote their prices in US Dollars OR in the Currency of Country of Origin. The Indian component of prices shall be inclusive of all Indian Taxes, duties, levies, etc. and also no taxes, duties, levies and /or any variation thereof shall be payable by the owner. It will be the responsibility of the bidder to pay applicable service tax to Government of India (GOI) as per prevailing rates. HPCL shall deduct applicable taxes and deposit the same to the concerned departments of the GOI before making payment to the successful bidder. Certificate for such statutory deductions shall be provided to the successful bidder.

2.8.2 Ocean Transportation:

2.8.2.1 In case of FOB Contracts, the shipping arrangements shall be made through the nominated agents of Ministry of Surface Transport (Govt. of India) in accordance with clause 18.0 of enclosed “General Purchase Conditions for Imports”.

2.8.2.2 However, in case of CIF Contracts, no such restriction for shipment shall apply and arrangements for shipment can be made through any reputed shipping company by first class direct vessels approved by Lloyds or any other such Agency applicable in the country of shipment.

2.8.2.3 Foreign Bidders shall quote their prices for Ocean transportation and Marine Insurance to Indian Ports of Entry- Navashava (JNPT-Jawaharlal Nehru Port Trust) Port.

2.8.2.4 Owner reserves the right to place the order on FOB /CFR/ CIF basis. Owner may initially place order on FOB basis and the order may be converted to CFR/CIF basis within three months from the date of Fax Of Intent. Accordingly, Bidders quoted prices for ocean transportation and Marine Insurance shall remain valid upto 3 months from the date of Fax of Intent.

2.8.2.5 All shipments shall be under deck only.

2.8.2.6 Bidder to note that Special Packaging Requirement as per Annexure-I, enclosed and Technical specification shall be complied.

2.9 TAXES & DUTIES:

2.9.1 Domestic (Indian Bidders):



2.9.1.1 Domestic Bidder’s quoted prices shall be inclusive of all taxes, duties, cess, levies etc., paid or payable on the raw material/components incorporated or to be incorporated in the offered finished goods, packing and forwarding charges, Third Party Inspection but excluding applicable taxes and duties on finished goods.

2.9.1.2 Bidder shall furnish the present rate(s) of Excise Duty, Education Cess and sales tax /VAT (without Concessional Form applicable) and payable on quoted finished goods. The Excise duty amount shall be reimbursed to seller only against receipt of cenvatable copy of Excise Invoice.

2.9.1.3 The statutory variation in Excise duty, Education Cess and Sales tax / VAT on finished goods and introduction of new tax, from bid due date till the contractual completion period shall be to Purchaser’s account against submission of the documentary evidence. However, any increase in the rate of these taxes and duties beyond the contractual delivery period shall be to Seller’s account. Any decrease in the rate of these taxes and duties shall be passed on to the Purchaser.

2.9.1.4 It is for the Bidder to assess and ascertain the rate of excise duty, education Cess and sales tax/VAT applicable on quoted items. It is clearly understood that Owner will not have any additional liability towards payment of Excise Duty, Education Cess and Sales Tax/VAT which is based on Bidder's wrong assessment / interpretation of applicability of such Excise Duty and/or education cess and / or Sales Tax/VAT.

2.9.1.5 For Services such as Site supervision during installation, assistance to commissioning activities, bidder’s quoted prices shall be inclusive of Works Contract (WCT) and/or service tax as applicable, till complete execution of the Order/ Contract, and Owner shall not have any liability, whatsoever on this account. Variation, for any reason including statutory will be to vendor’s account. Bidder shall furnish the total amount of Service Tax included in the quoted price. Bidder shall also ensure that the invoice(s) shows the service tax component separately and is issued in accordance with Service Tax Rules.

Octroi/Entry tax, if any, shall be directly paid by the vendor, if applicable, which shall be reimbursed by Owner at actuals on submission of documentary proof.

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

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

2.9.1.9 Owner’s liability with respect to taxes and duties will be restricted to the following only:

(i) Excise duty, education cess on excise duty and sales tax/VAT as quoted by the bidder. Further statutory variations in Excise Duty, Education Cess on E.D, Sales tax/VAT, Customs duty will be borne by Owner as per the terms specified in this section.



(ii) Reimbursement of Octroi and/or Entry tax if applicable for any of the locations shall be made by HPCL. Road Permit where required shall be given by HPCL.

2.9.1.10 Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder.

2.9.2 Foreign Bidders:

2.9.2.1 Foreign Bidders prices shall include all TPI charges, taxes, duties, levies and any other charges including export licencing, if any, upto the FOB international Port of Shipment.

2.9.2.2 For goods sourced and supplied from India, quoted prices (in Indian rupees) shall be on FOT Destination basis inclusive of freight charges up to site and all applicable taxes & duties i.e. Excise Duty, Education Cess and sales tax/VAT payable extra on quoted finished goods. No variation on any account whatsoever shall be paid by the Owner.

2.9.2.3 For Services such as Site supervision during installation, assistance to commissioning .Bidder’s quoted prices shall be Inclusive of Works Contract (WCT) and/or service tax as applicable, till complete execution of the Order/ Contract, and Owner shall not have any liability, whatsoever on this account. Variation, for any reason including statutory will be to vendor’s account. Bidder shall furnish the total amount of Service Tax included in the quoted price. Bidder shall also ensure that the invoice(s) shows the service tax component separately and is issued in accordance with Service Tax Rules of Govt. of India.

2.9.3 Income Tax / Corporate Tax:

2.9.3.1 As regards Income Tax, Surcharge on Income Tax or any other Corporate Tax payable by the Bidder for reason of the contract awarded, and / or on their expatriate personal, the Owner shall not bear any Tax liability whatsoever, irrespective of the mode of construction of contract / order. The Bidder shall be liable and responsible for payment of such tax, if attracted under the provision of Indian Income Tax Act.

2.9.3.2 Bidder may note that if any tax is deductible at source as per Indian Income Tax Law, the same will be so deducted before releasing any payment to the Bidder and a TDS (Tax deducted at source) certificate will be furnished to the Bidder. Accordingly, Bidder shall have the responsibility to check and include such provision of taxes in the prices.

2.9.4. In case of delay in delivery due to reasons attributable to Bidder, any new or additional taxes or duties levied by Statutory authorities during this period shall be borne by the Bidder.

3.0 COMPLETION PERIOD:

3.1 The items covered in this enquiry are required to be completed as per the Completion Schedule stipulated in Chapter-6 of the Bid Document.



3.2 DELETED.

3.3 It may be noted that bids offering completion more than 10 weeks beyond the delivery schedule as specified in Chapter-6 will be treated as non-responsive and rejected.

3.4 The completion period shall be reckoned from the date of Fax of Acceptance. The Delivery Date shall be reckoned as under:

Order Basis Delivery DateFOB/CIF Date of Bill of LadingFOT Date of receipt of goods at defined locations

3.5 After award of order, vendor may improve the deliveries when compared to that stipulated under Chapter-6 of bid document.

4.0 BID SECURITY

4.1 The Bidder shall furnish, as part of his bid, a bid security in original for the amount specified in the Invitation For Bid (IFB).

4.2 The bid security is required to protect the Owner against the risk of Bidder’s conduct, which would warrant the security’s forfeiture.

4.3 In case of Domestic Bidders, the Bid Security shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure-A of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank). In case of Foreign Bidders, the Bid Security shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure-A of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by an Indian Bank acceptable to HPCL. Bid Security shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.

4.4 Unsuccessful Bidder’s bid security will be discharged/returned as promptly as possible, but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner.

4.5 The successful Bidder’s bid security will be discharged upon the Bidder’s accepting the Contract/ Purchase Order, and furnishing the Contract-cum-equipment performance bank guarantee.

4.6 The bid security may be forfeited:

a) If a Bidder withdraws his bid during the period of bid validity orb) In the case of a successful Bidder, if the Bidder fails or refuses to:

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

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

iii) If a Bidder changes the proposed manufacturer after submission of Bid.iv) Accept arithmetical corrections to his bid as specified in clause no. 18.2 of Instructions to bidder.

4.7 Bid Security should be in favour of Hindustan Petroleum Corporation Limited (HPCL) and addressed to HPCL. However, original Bid Security should be enclosed separately in a sealed cover and submitted along with the bid. Bid Security must indicate the Bid Document number and the item for which the Bidder is quoting. This is



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

4.8 Bidders are advised to instruct their banks not to post Bid Security directly to Owner as the same has to accompany with the bid.

4.9 Central Public Sector Undertaking of Govt. Of India are exempted from furnishing the bid security. Firms registered with NSIC are also exempted from furnishing bid security, provided they are registered for the tendered items and up to the monetary limit they intend to quote. Provided further that they submit a copy of the current and valid registration certificate for the quoted item and monetary value along with their bid(s). Owner reserves right to verify the registration certificate provided, with relevant authorities.

5.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG]

5.1 In partial modification to Terms specified in clause 29 of General Purchase Conditions (Indigenous) and clause 11 of General Purchase Conditions the General Purchase Conditions (Imports), as a Performance security, the successful Bidder, to whom the work is awarded, shall be required to furnish within 30 days of notification of award of contract (Letter/ Fax of Intent) a Performance Bank Guarantee as per proforma attached herewith in favour of the Owner.

5.2 The Bank Guarantee amount shall be equal to TEN PERCENT (10%) of the Total Order Value and it shall guarantee the faithful performance of the Order in accordance with the Terms and conditions specified in the documents and specifications.

5.3 In case of Domestic Bidders, the CPBG shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure-B of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank). In case of Foreign Bidders, the CPBG shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure-B of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by an Indian Bank acceptable to HPCL. Bank Guarantee shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.

5.4 The Bank Guarantee shall be valid for the entire period of the Contract, namely, till the end of the guarantee / warranty period. The guarantee amount shall be payable without demur and demand to the Owner in the currency of the Contract.

5.5 In case of Foreign Bidders, in addition to above CPBG, additional Bank Guarantee equivalent to 5% (of total order value) need to be submitted as mentioned in Clause no. 8 of this Chapter.

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

5.6.1 Indian Bidders:

Total (all inclusive) lump sum price including supply, freight charges, Transit Insurance, Excise duty + Education cess, Sales Tax/VAT, Octroi / Entry tax etc.

5.6.2 Foreign Bidders:

a) In case Order is placed on FOB basis, the lump sum FOB price + total (all inclusive) lump sum FOT destination price of all items sourced from India.



b) In case order is placed on CIF basis, the CIF value up to India Port of Entry (Navashava – JNPT (Jawaharlal Nehru Port Trust)) + total lump sum FOT destination price of all items sourced and sourced from India.

.

5.7 In case, the Contract Performance Bank Guarantee stated above gets reduced/ deducted for reasons of non-fulfillment of any Contractual obligations upto the completion of guarantee period, the Bidder shall immediately take action to increase the value of Bank Guarantee to TEN PERCENT (10%) of the Contract price, to cover his guarantee/ warranty obligations.

5.8 The Performance Guarantee will be returned to the Bidder without any interest at the end of the warranty / guarantee period subject to fulfillment of all contractual obligations by the Bidder. The bank guarantee shall have a claim period of 3 months beyond the contractual guarantee period.

5.9 The proceeds of performance security shall be appropriated by the owner as compensation for any loss resulting from vendor’s failure to complete his obligations under the contract to the prejudice to any of the rights or remedies the owner may be entitled to as per terms and conditions of contract. The proceeds of this performance security shall also govern the successful performance of goods and services and vendor’s all obligations during the entire period of contractual warrantee / guarantee

5.10 Vendor shall guarantee that the performance of the EQUIPMENT supplied under the CONTRACT shall be strictly in conformity with the specifications and shall perform the duties specified under the CONTRACT.

6.0 PRICE REDUCTION FOR DELAY IN DELIVERY

6.1.1 In partial modification of the terms specified in the general purchase conditions(GPC) for Indigenous & Imported goods, in the event of delay beyond the date of delivery of supply items for reasons not attributable to owner and not constituting conditions of force majeure, it will be at owner’s discretion, without prejudice to his other rights under the contract, to accept delayed supplies but the prices reduced at the rate of ½%(half percent) of the value of the balance supply and installation/erection per week of delay or part thereof, subjected to a maximum of 5%(five percent) of the total order value. For the purpose of evaluating LD the value of Annual Maintenance Charges (AMC) will not be considered.

6.1.2 Further in case of delay in completion, the vendor shall calculate the appropriate price reduction for delayed completion and raise their invoices net of the same.

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

6.2.1 Indian Bidders: Total price for supply and installation/erection including transportation charges

6.2.2 Foreign Bidders: Total price for supply, (FOB value for direct supplies + FOT destination price for goods sourced and supplied form India), and installation/erection. It may be note that CIF prices in place of FOB prices shall considered in case order is placed on CIF basis.

7.0 INSURANCE:

7.1 In case of PO being placed on FOB (Port of Shipment) basis, owner will arrange Insurance from FOB port of shipment covering Marine and Inland Transit Insurance (in India). However, in case of PO being placed on CIF basis initially/ converted later,



marine insurance shall have to be arranged by the Foreign Bidder. The Inland transit insurance from the Indian Port to the destination(s) shall be arranged by the owner in case of the Foreign Bidders.

7.2 Incase of Indian bidder, bidder to arrange insurance of items till handing over to owner

7.3 Bidder shall carry and maintain any and all statutory insurance(s) required under Indian Laws and Regulations, including Workmen compensation Act/ESI/Third party liabilities etc. and insurances for their personnel engaged in performance of the work at bidder's own cost.

8.0 PAYMENT TERMS

8.1 Bidders to note that Advance Payment is not permissible in the contract.

8.2 In supersession of the Payment terms specified in the General Purchase Conditions, the following payment terms shall be applicable

Supply:

In partial modification of the Payment terms specified in the General Purchase Conditions, the following payment terms shall be applicable

8.2.1 Indian Bidder:FOR ALL SUPPLY ITEMS

100 % payment with full taxes within 30 days against receipt of duly certified bills from the site-in-charge through e payment subject to submission of document at disbursement section alongwith the bill .

8.2.2 Foreign Bidder:FOR ALL SUPPLY

100 % payment with full taxes within 30 days against receipt of duly certified bills from the site-in-charge through e payment subject to submission of document at disbursement section alongwith the bill .

Notes:

(i) All foreign currency payments (for supplies) to foreign Bidder shall be released through an irrevocable Letter of Credit, which shall be opened through Govt of India Nationalized Bank and hence shall not be confirmed. In case any Bidder insists on confirmation, charges towards confirmation shall be borne by him. LC shall be established within 30 days after receipt of unconditional acceptance of Letter / Fax of Intent together with Contract Performance Bank Guarantee for 15% of Total Order value.

(ii) The bills of domestic vendors will be reduced by the amount recoverable towards Price reduction for delay in case of delay in delivery.

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

directly to the Vendor payable within India against Bills duly certified by the Bidder. For this purpose, Vendor shall undertake necessary formalities including opening of bank account in India. All connected liabilities on account of this shall be to Vendor’s account.

(iv) Only the charges of Owner’s Bank in India shall be to Owner’s account. All



other Bank charges including those in Bidder’s country shall be to Bidder’s account.

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

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

(vii) No variation in payment terms shall be accepted for Foreign Bidders and deviation from above will make their bid NON-RESPONSIVE.

9.0 GUARRANTY/ WARRANTY

9.1 In partial modification of the terms specified in the General Purchase Conditions, the guarantee / warranty period shall be 24 (Twenty Four) months from the date of commissioning (location wise). Incase warrantee/guarantee period for any one or a few locations is completed before completion of all locations, then the bidder may submit a revised CPBG for the locations which are still under warrantee/guarantee and the original CPBG will be returned.

10.0 OVERALL LIABILITY

Seller’s overall liability towards execution of this order will not exceed 100% (one hundred percent) of the total contract price without prejudice to any other rights the purchaser may have as per terms and conditions of the contract.

11.0 LIABILITY CLAUSE

It is expressly understood and agreed by and between Bidder and M/s Hindustan Petroleum Corporation Limited, (Indian Public Sector Undertaking) that M/s Hindustan Petroleum Corporation Limited is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that M/s Hindustan Petroleum Corporation Limited is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The Bidder expressly agrees, acknowledges and understands that M/s Hindustan Petroleum Corporation Limited. is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly Bidder hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement.

12.0 DEFINITIONS / NOTES

12.1 The terms ‘Bidder’, ‘Contractor’, `Seller’, `Supplier’ or ‘Vendor’ stated anywhere in the Bid Document carry the same meaning.

12.2 The terms `Client’, ‘Owner’, ‘Purchaser’ stated any where in the Bid Document refer to Hindustan Petroleum Corporation Limited (HPCL).



12.3 The term ‘Contract’, ‘Order’ or ‘Purchase Order’ stated anywhere in the Bid Document carry the same meaning.

12.4 The term ‘MR means ‘Material Requisition’ containing technical requirements and scope of work (technical), ‘GPC means General Purchase Conditions’ containing commercial terms & conditions, ‘PO means Purchase order’ issued after award of contract incorporating agreed deviations in MR, ‘ATC means Agreed Terms & Conditions’ , ‘RFQ means Request For Quotation’.

12.5 In the event of any contradictions between these Instructions to Bidders/Special Conditions of Purchase and other Chapters of Bid Document, the terms specified under this Chapter shall prevail.

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

12.7 Any reference to the Govt. Acts / Regulations etc. in the Bid Document is only indicative, and it is entirely for the Bidder to ascertain the applicable Acts/Regulations.

12.8 Port of entry will be “Navashava (JNPT-Jawaharlal Nehru Port Trust) Port”.

13.0 PESO APPROVAL DURING SUBMISSION OF BID

13.1 Bidder is required to submit PESO approval at the time of submission of bid. If bidder does not have PESO approval at the time of bid, and already has applied for PESO approval, then Bidder shall furnish a duly acknowledged copy of application made to PESO and also give an undertaking that he will obtain PESO approval within a period of Three Months from the date of issue of Letter Of Acceptance

13.2 Bidders, who have applied for PESO approval are required to give additional Bank Guarantee of Rs.20 lacs which will be returned to the bidder once he submits required PESO approval. The format of additional BG is as under:

FORMAT FOR ADDITIONAL SECURITY DEPOSIT

1) It is a material term of the contract, that the evaluation unit and all electrical equipment of Rim seal Fire Protection System to be supplied by the successful tenderer should have the approval of the Petroleum and Explosives Safety Organization (formerly, Chief Controller of Explosives and also referred to as CCOE/PESO) under the Explosives Act, Petroleum Act and Petroleum Rules. (as per clause 11.1 of Technical Specifications of the Tender)

2) However, tenderers who do not have the PESO approval as per clause 11.1 of Technical Specifications of the Tender for Rim seal Fire Protection System have also been permitted to submit their tender on the condition that they shall, once they are successful, obtain the PESO licence/ approval within a period of three months from the date of issue of Letter of Acceptance to them.

3) The provision of Rim seal fire protection system in the various storage tanks of the Corporation, pursuant to a report of the M B Lal Committee, is a safety requirement and is extremely urgent. The increase in risk due to non provision of the said safety feature cannot be estimated in terms of money.

4) In case the successful Tenderer is unable the provide the PESO approval as per clause 11.1 of Technical Specifications of the tender for Rim seal Fire Protection System to be supplied any installed by him within the said period of 3 months, then the Corporation will suffer huge losses and damages, which cannot be quantified in terms of money, besides risk to lives and safety of the property of the Corporation.

5) For the said reason, those tenderers who do not have the PESO licence shall submit an Additional Security Deposit (ASD) amounting to Rs. Twenty lacs only towards this requirement and undertaking and once a tenderer is successful, he undertakes to procure and submit the



PESO licence/ approval (as per clause 11.1 of technical Specifications of the tender) for Rim seal Fire Protection System which he proposes to supply and install in the Corporation’s identified locations within a period of three months from the date of the issue of LOA. If the successful Tenderer fails to procure the PESO Licence/ approval (as per clause 11.1 of technical Specifications of the tender) within the said period of three months for any reason whatsoever, the Corporation shall be at liberty to cancel the LOA/ Purchase Order and/ or withdraw the same and further to forfeit the ASD absolutely and forever. The successful tenderer/ contractor shall not have any claim towards the said forfeiture.

6) If the successful tenderer procures and furnishes the licence/ approval of the PESO to the Corporation within the aforesaid period, then the Corporation shall return the ASD within a period of 15 days from the date of so furnishing the licence/ approval.

7) The ASD of all unsuccessful bidders shall be returned within 15 days of the opening of the Price Bids.

8) The ASD may be furnished in the form of a Demand draft / Bank guarantee drawn on/ issued by a Nationalized/ Public Sector Bank of India.

Bids without 1. A copy of PESO approval (as per clause 11.1 of Technical Specification of tender)

or 2. A copy of duly acknowledged application made to PESO along with undertaking &

Additional Security Deposit as per above clause 13.2 shall be rejected.

13.3 The bidders to note that the completion period of 5 months as mentioned in Chapter 6 (Time Schedule) is inclusive of the maximum period of 3 months for obtaining PESO approval as mentioned in clause 13.1 & 13.2 above. In case the bidder wants to carry out detailed engineering and submits such documents/ drawings / data sheets for approval to HPCL before obtaining the PESO approval in hand, the same would be approved by HPCL without prejudice to above stipulated provisions under clause 13.2. However, no site works / supply of any material / equipment would be allowed to be commenced before obtaining the PESO approval as above.

14.0 UL/FM APPROVAL

Notwithstanding mentioned otherwise elsewhere in this tender document, the following shall prevail.

14.1 Bidder shall be responsible to obtain UL/FM approval for complete Rim seal fire protection system consisting of detection and suppression system before commencement of job or 3 months from the date of LOA whichever is earlier.

14.2 Bidder is required to submit a undertaking along with bid documents that he will obtain UL/FM approval before commencement of work or 3 months from the date of LOA whichever is earlier.

14.3 In case the successful Tenderer is unable the provide the UL/FM approval for the complete Rim seal fire protection system to be supplied and installed by him before commencement of job or 3 months from the date of LOA whichever is earlier, then the Corporation will at liberty to cancel the order awarded to successful bidder.

15.0 Bidders shall submit the below along with their bids towards their validation for supply of Automatic Actuated Rim Seal Fire Detection System which uses the linear heat hollow metallic tube type detectors with foam based extinguishing media (as per technical specifications of the tender)

(i) Bidders who are Manufacturers / OEMs / Owners of Technology shall submit relevant documentation in support of their claim as Manufacturers / OEMs / Owners of Technology.



(ii) Bidders who are direct dealers or Authorised suppliers shall submit Manufacturer’s Authorization Form and Back-up Guarantee in the attached Annexure –E of the tender.

Annexure-I

SPECIAL PACKAGING REQUIREMENTS

All raw/solid wood packaging material used for packaging shall be appropriately treated and marked as per ISPM-15 (International Standards of Phyto-sanitary measures 15) OR shall be accompanied by a Phytosanitary Certificate with the treatment endorsed

The treatment of raw/solid wood packaging material prior to export shall include either Methyl Bromide (MB) @ 48 g/m3 for 16 hrs at 21o C and above or any equivalent thereof or heat treatment (HT) at 56o C for 30 min (core temperature of wood) or kiln Drying (KD) or Chemical Pressure Impregnation (CPI) or any other treatments provided that these meet the HT specification of the ISPM-15.

However, the above conditions shall not be applicable to wood packaging material wholly made of processed wood products such as ply wood, particle board, oriental strand board of veneer that have been created using glue, heat and pressure or combination thereof. The above conditions shall also not be applicable to wood packaging material such as veneer peeler cores, wood wool & shavings and thin wood pieces (less than 6mm thickness) unless they are found to be harboring any pests.



SPECIAL TERMS & CONDITIONS.

THE BIDDER SHALL CONFIRM A SHELF LIFE OF MINIMUM TWO YEARS FOR THE CHEMICAL. PLEASE GIVE BRAND NAME / TECHNICAL SPECIFICATION OF YOUR PRODUCT.

THE SUCCESSFUL BIDDER, AFTER PLACEMENT OF PO, WOULD BE REQUIRED TO SUBMIT THE SAMPLES (AT THEIR OWN COST) OF ABOVE PRODUCTS / CHEMICALS AND ACCEPTANCE OF CONSIGNMENT / DELIVERY AGAINST PO WOULD BE SUBJECTED TO APPROVAL OF SAMPLE BY COMPETEMT AUTHORITY OF HPCL

THE FOREIGN BIDDERS MAY OFFER DELIVERY OF PRODUCT FROM THEIR GODOWNS IN INDIA. HOWVER, IN ALL CASES PAYMENT WOULD BE MADE IN INR.

BIDDER TO QUOTE TAXES / DUTIES/LEVIES SEPARATELY ALONG WITH FREIGHT, INSURANCE FROM THEIR GODOWN TO HPCL, LOCATIONS SPREAD ALL OVER THE COUNTRY, WHERE THE SUPPLIES ARE TO BE MADE. STATUTORY VARIATIONS IN TAXES, IF ANY, DURING THE CONTRACTUAL PERIOD SHALL BE REIMBURSED AT ACTUALS SUBJECT TO DOCUMENTARY EVIDENCE.

DELIVERY LOCATIONS: HPCL DEPOTS/TERMINALS SPREAD ALL OVER THE COUNTRY.



CURRENT LIST OF LOCATIONS WHERE CORROSION INHIBITOR TO BE DELIVERED ON DOOR DELIVERY BASIS IS AS BELOW:

Sr.no ZONE LOC NAME Ty of Locns State

1 NWZ MDPL - JAIPUR TML Terminal RAJASTHAN

2 NWZ MDPL - AJMER TML Terminal RAJASTHAN

3 NWZ PALANPUR TML MDPL Terminal GUJARAT

4 NZ Bahadurgarh TML MDPL Terminal HARYANA

5 scz HASSAN TERMINAL Terminal KARNATAKA

6 scz MANGALORE TERMINAL Terminal KARNATAKA

7 scz GHATKESAR TERMINAL Terminal ANDHRA PRADESH

8 scz SURYAPET TERMINAL Terminal ANDHRA PRADESH

9 scz RAJAHMUNDRY TML (STP 2010) Terminal ANDHRA PRADESH

10 scz VISAKH TERMINAL/ REFINERY Terminal ANDHRA PRADESH

11 scz VIJAYAWADA TML Terminal ANDHRA PRADESH

12 scz KAKINADA TML Terminal ANDHRA PRADESH

13 SZ CHENNAI/ENNORE POL TML Terminal TAMILNADU

14 SZIRUMPANAM TERMINAL (DUTY PAID Terminal KERALA

15 WZ VASCO TERMINAL Terminal GOA

16 WZ LONI TERMINAL ( STP- 0446) Terminal MAHARASHTRA

17 WZ VASHI TML ( STP - 0491) Terminal MAHARASHTRA

18 WZ WADALA I TML (STP 0106) Terminal MAHARASHTRA

19 EZ MANDIR HASAUD IRD Depots CHATTISGARH

20 EZ DHANBAD IRD (STP 0234) Depots JHARKHAND

21 EZ TATANAGAR IRD (STP 0272) Depots JHARKHAND

22 NCZ KARARI IRD Depots UTTARPRADESH

23 NCZ MATHURA INSTALLATION Depots UTTARPRADESH

24 NCZ MEERUT IRD Depots UTTARPRADESH

25 NCZ NAJIBABAD IRD Depots UTTARPRADESH

26 NCZ BAREILI/AONLA POL Depots UTTARPRADESH

27 NCZ AMOUSI IRD ( STP 0275) Depots UTTARPRADESH

28 NCZ BAITALPUR IRD Depots UTTARPRADESH

29 NCZ GONDA IRD Depots UTTARPRADESH

30 NCZ MUGHALSARAI IRD (NEW) Depots UTTARPRADESH

31 NCZ BARAUNI POL IRD Depots BIHAR

32 NWZ BHARATPUR IRD Depots RAJASTHAN

33 NWZ HAZIRA IRD (STP 1044) Depots GUJ



34 NWZ NANDESARI IRD (STP 0173) Depots GUJ

35 NZ BATHINDA ( STP 4028 ) Depots PUNJAB

36 NZ SANGRUR IRD ( STP 4057 ) Depots PUNJAB

37 NZ BIJWASAN INSTALLATION Depots DELHI

38 NZ SHAKURBASTI INSTALLATION Depots DELHI

39 NZ JALANDHAR IRD ( STP 4035 ) Depots PUNJAB

40 NZ REWARI IRD Depots HAR

41 SCZ DEVANGUNDI IRD Depots KARNATAKA

42 SCZ BELGAUM/DESUR IRD Depots KARNATAKA

43 SCZ GULBURGAH/NANDUR IRD Depots KARNATAKA

44 SCZ HUBLI/NAVALUR IRD ( STP 3030) Depots KARNATAKA

45 SCZ GUNTAKAL IRD (STP 3044) Depots ANDHRA PRADESH

46 SCZ RAMAGUNDAM POL Depots ANDHRA PRADESH

47 SCZ CUDDAPAH IRD (STP 0328) Depots ANDHRA PRADESH

48 SZCOIMBATORE/IRUGUR INSTALATION Depots TAMILNADU

49 SZ MADURAI/KAPPALUR IRD Depots TAMILNADU

50 SZ TIRUNELVELI IRD (STP 3023) Depots TAMILNADU

51 SZKOZHIKODE/ELATHUR IRD( STP 0342) Depots KERALA

52 WZ Panewadi IRD Retail Depots MAHARASHTRA

53 WZ AKOLA/GAIGAON IRD (STP 0145) Depots MAH

54 WZ NAGPUR/KHAPRI IRD ( STP 0190) Depots MAHARASHTRA

55 WZMIRAJ/HAZARWADI IRD ( STP 0485) Depots MAHARASHTRA

56 WZ SOLAPUR/PAKNI IRD Depots MAHARASHTRA

TERMS OF PAYMENT

100 % PAYMENT WITH FULL TAXES AND DUTIES WILL BE RELEASED WITHIN 30 DAYS AFTER RECEIPT OF MATERIAL & ORIGINAL BILLS AT HPCL LOCATIONS AS MENTIONED ABOVE THROUGH E-PAYMENT SUBJECT TO SUBMISSION OF FOLLOWING DOCUMENTS AT ZONAL DISBURSEMENT SECTION ALONGWITH THE BILL. PAYMENT WILL BE RELEASED FROM 7 ZONES (NZ/NCZ/WZ/NWZ/SZ/SCZ/EZ)

DELIVERY SCHEDULE:

Normal delivery time is max. 30 days from the date of placing call-ups placed by each of our locations.

The supplier is expected to supply required quantity of CORROSION INHIBITOR against call ups placed by HPCL Zonal offices for each of our locations. We are presently having around 56 locations all over the Country where the product have to be delivered.

Suppliers shall be advised about the requirements/ delivery schedules or changes in advance. It is emphasized here that strict adherence to the delivery schedule is of utmost importance to us. Suppliers shall intimate dispatch schedule, one week in advance, to the locations.



Minimum lot size for the call up will be 100 Kg for any location.

DELIVERY IS TOBE MADE AS & WHEN CALL UP PURCHASE ORDER IS PLACED DURING PERIOD OF PO. The validity of PO shall be ONE YEAR FROM THE DATE OF PLACEMENT OF PURCHASE ORDER.

THE TERMS OF DELIVERY ARE DOOR DELIVERY BASIS AT OUR HPCL LOCATIONS THE DATE OF RECEIPT AT SITE SHALL BE CONSIDERED AS THE DATE OF DELIVERY.

It will be the responsibility of the supplier to procure the raw materials required to meet our demand. Supplier must ensure that adequate stock of corrosion Inhibitor is available to meet our requirement as per call up placed by the HPCL Zonal offices for all our Depot/Terminals all over the country.

In case of non-performance, Corporation retains the right to re-allocate the quantity to any other supplier in part or full to meet the requirements.

SUPPLY & PERFORMANCE GUARANTEE

The supplies made against the purchase order shall be fully guaranteed against any manufacturing defects / poor workmanship / inferior quality etc. for a period of 24 months from the date of SUPPLY. During this period the supplier shall arrange to repair / replace any defective material free of cost if required.

Bidder will have to furnish Performance Bank Guarantee in favour of HPCL issued by Nationalised Bank / Scheduled Bank for 10% of basic Order value and valid during the above guarantee period. This amount shall be deposited by way of Bank guarantee or Crossed A/C Payee Demand Draft in favour of M/S Hindustan Petroleum Corp Ltd and payable at Mumbai. No interest is payable by HPCL on the amount of Supply & Performance Guarantee so collected.

UNLOADING/ STACKING/ REJECTION:

All costs related to unloading of Additive at the plant shall be to the suppliers account.

Supplier shall be obliged to uplift the rejected Additive from HPCL's premises at their own cost (within fifteen days from the notification to you in writing) failing which HPCL will be free to dispose of such Additive as it deems fit without any obligation whatsoever. The additional cost of such disposal, if any, shall be debited to defaulting suppliers account.

THE CALL UP ORDER QUANTITY IS TENTATIVE & AS PER THE REQUIREMENT CALL UP ORDER WILL BE PLACED BY THE RESPECTIVE LOCATIONS.

DELIVERY AT LOCATIONS AS PER THE CALL UP ORDER QUANTITY.

All correspondence regarding Technical matters shall be addressed to

Manager - OperationsHindustan Petroleum Corporation LimitedHindustan Bhawan,8, Shoorji Vallabhdas Marg, Ballard EstateMumbai - 400 001.Attn. : Shri P Pushparaj Tel. No.: 2263 7268E-mail : [email protected]



Chapter - 4A) General Purchase Conditions for Indigenous Equipment & Materials

B) General Purchase Conditions for Imports

HINDUSTAN PETROLEUM CORPORATION LIMITED GENERAL PURCHASE CONDITIONS

FOR INDIGENOUS EQUIPMENT & MATERIALSINDEX

1. DEFINITION2. REFERENCE FOR DOCUMENTATION3. CONFIRMATION OF ORDER4. SALES CONDITIONS5. COMPLETE AGREEMENT6. INSPECTION-CHECKING-TESTING7. OFFICIAL INSTITUTIONAL TESTING8. EXPEDITING9. WEIGHTS AND MEASUREMENTS

10. DESPATCH INSTRUCTIONS 11. OILS & LUBRICANTS 12. SPARE PARTS



13. PACKING AND MARKING 14. SHIPMENT AND SHIPMENT NOTICES 15. CONTROL REGULATIONS 16. TRANSIT RISK 17. RESPECT FOR DELIVERY DATES 18. DELAYED DELIVERY 19. DELAYS DUE TO FORCE MAJEURE 20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER 22. PRICE 23. TERMS OF PAYMENT 24. INVOICING 25. RECOVERY OF SUMS DUE 26. CHANGES 27. CANCELLATION 28. PATENTS AND ROYALTIES 29. PERFORMANCE GUARANTEE 30. NONWAIVER 31. NON ASSIGNMENT 32. PART ORDER / REPEAT ORDER 33. VENDOR’S DRAWINGS AND DATA REQUIREMENT 34. TECHNICAL INFORMATION 35. SERVICES OF VENDOR’S PERSONNEL 36. VENDOR’S LIABILITY 37. OWNER’S MATERIAL 38. HEADINGS 39. ARBITRATION 40. JURISDICTION

1. DEFINITIONS

The following expressions used in the Purchase Order shall have meaning indicated against each of these:

The OWNER means Hindustan Petroleum Corporation Limited, a company incorporated in India having its registered office at 17, Jamshedji Tata Road, Mumbai - 400 020, and shall include its successors and assignees.

"Goods / Materials": Goods and / or Materials shall mean any of the articles, materials, machinery, equipments, supplies, drawings, data and other property and all services including but not limited to Engineering, delivery, installation, inspection, testing and commissioning specified to complete the order.

"Vendor" Vendor shall mean the person, firm or corporation to whom this purchase Order is issued.

"Contractual Delivery Date": Contractual Delivery date is the date on which all work as per the scope of this Tender is completed and the systems commissioned.

"Procurement Coordinators / Managers and Consultants, Owners authorized representatives appointed as Procurement Coordinator / Managers& Consultants'.

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

"Project": Depots & Terminals (as per the list of locations) of HINDUSTAN PETROLEUM CORPORATION LIMITED.



'Total Order Value' shall be construed to include only basic rate, exclusive of duties / taxes / freights etc. for the purpose of calculation of:

a) Price reduction on account of delay b) Performance bank Guarantee Amount c) Payment of advance, if any to be made.

2. REFERENCE FOR DOCUMENTATION

Purchase Order number must appear on order continuation, correspondence, drawings, invoices, shipping notes, packings and on any documents or papers connected with the order.

3. CONFIRMATION OF ORDER

The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of this order and shall thereby confirm his acceptance of this Purchase Order in its entirety without exceptions. The acknowledgment will bear on both purchase order and General Purchase Conditions.

4. SALES CONDITIONS

With Vendor's acceptance of provisions of this Purchase Order, he waives and considers as cancelled any of his general sales conditions.

5. COMPLETE AGREEMENT

The terms and conditions of this Purchase Order shall constitute the entire agreement between the parties hereto. Changes will be binding only if the amendments are made in writing and signed by an authorized representative of the Owner and the Vendor.

6. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order shall be subject to inspection and testing at any time prior to shipment and or despatch and to final inspection within a reasonable time after arrival at the place of delivery. Inspectors shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer’s shop, at fabricator's shop and at the time of actual despatch before and after completion of packing.

All tests, mechanical and others and particularly those required by codes will be performed at the Vendor's expenses and in accordance with Inspector's instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by any other reputed inspection agencies as may be nominated by the Owner.

The salaries and fees of Inspectors and their travelling, lodging and boarding expenses will not be borne by the Vendor unless inspection becomes infructuous due to any omission or commission on the part of the Vendor. Before shipping or dispatch, the equipment and or materials will have to be checked and stamped by inspectors who are authorized also to forbid the use and despatch of any equipment and / or materials which during tests and inspection fail to comply with the specifications, codes and testing requirements.

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



required inspection.

Provide free access to inspectors during normal working hours to Vendor's or his /its sub-vendor's works and place at their disposal all useful means of performing, checking, marking, testing, inspection and final stamping.

Even if the inspections and tests are fully carried out, Vendor would not be absolved to any degree from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per agreement both during construction, at the lime of delivery, inspection, on arrival at site and after its erection or start-up and guarantee period as stipulated in clause 29 hereof.

The Vendor's responsibility will not be lessened to any degree due to any comments made by Procurement Coordinators / Managers and Inspectors on the Vendor's drawings or by Inspectors witnessing any chemical or physical tests.

In any case, the equipment and materials must be in strict accordance with the Purchase order and/or its attachments failing which the Owner shall have the right to reject the goods and hold the Vendor liable for non-performance of contract.

7. OFFICIAL INSTITUTIONAL TESTING

In addition to testing and inspection by Inspectors mentioned above, nominated agencies or similar institutional agencies like Boiler Inspectorate may be assigned for official testing of all coded equipment. The Vendor shall ensure that all Procedures for preparation and performance of tests prescribed by such Institutions shall be completed scrupulously.

The Vendor is required to send to such institutions as may be designed by the Owner at least three sets of construction drawings for each equipment and calculations. All manufacturer's mill's tests certificates and analytical reports from material laboratories in respect of all raw materials and components employed shall have to be presented to such institution's Inspectors in the number of copies required. Vendor shall be responsible for any delay in submission of necessary certificates. The Vendor shall maintain close liaison with Procurement Coordinators and Institution's Inspectors to maintain schedule and delay, if any in this process will not be taken into consideration as a cause of Force Majeure.

8. EXPEDITING

Procurement Coordinators / Managers have been assigned to expedite both manufacture and shipment of equipment and materials covered by the Purchase Order. The Procurement Coordinators / Managers shall have free access to Vendor's shop and/or sub suppliers' shop at any time and they shall be provided all the necessary assistance and information to help them perform their job.

In order to facilitate over-all execution of the order within the contractual delivery date, Vendor shall furnish to Procurement Coordinators / Managers within 4 weeks of' receipt of Purchase Order the required number of copies of documents such as, but not limited to, schedules/pert charts. Unpriced copies of sub orders / sub-contracts, phased program of item wise manufacturing, testing and delivery and any other information / documentation as may be called for the correspondence procurement co-ordinators / Managers. All post order shall be addressed to the Ch. Manager-Projects, Hindustan Bhawan, Mumbai-400001.

9. WEIGHTS AND MEASUREMENTS



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

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

I) Unit net weightII) Unit gross weight (packing included)III) Dimensions of packing.

10. DESPATCH INSTRUCTIONS

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

10.2 In case despatch by rail is specified in the Purchase Order. Vendor shall exercise due care and ensure that the consignment shall be booked under appropriate railway classification, failing which, any additional freight incurred by Owner due to Vendor's booking the material under a wrong classification shall be to Vendor's account.

10.3 The goods shall be consigned in the name of consignee, which will be informed in due course, by the most economical road transport as specified in Purchase Order.

Owner’s warehouse is open to receive Material between 9 AM and 3 P.M on all working days. No goods will be accepted after 3 PM.

10.4 Owner / Procurement Coordinators / Managers reserve the right to advise any change in despatching point / destination and / or mode of transport, as may be required.

11. OILS & LUBRICANTS: Deleted

The first filling of oils and lubricant, if any, required for every equipment shall be included in the price and appropriate product manufactured by Hindustan Petroleum Corporation Ltd. shall be used. The Vendor shall also recommend the quality / quantity of oils and lubricants required for one year continuous operation.

12. SPARE PARTS: Deleted

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

The Vendor shall provide the necessary cross Chapteral drawing to identity the spare parts numbers and their location as well as inter-changeability chart.

13. PACKING AND MARKING

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

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

All holes and openings as also all delicate surfaces, shall be carefully protected against bad weather.

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



All manufactured surface shall be painted with rust proof paint.

All small pieces shall be packed in cases.

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

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

From :For : Hindustan Petroleum Corporation Limited Destination :

Order No. :

Rev. No. :

Item :

Net weight :

Case No. :

Of total cases:

Dimensions :

For every order and every shipment, package must be marked with serial progressive numbering. All packages that require special handling and transport should have their centres of gravity and points at which they may be slung or gripped clearly indicated and marked: "ATTENTION SPECIAL LOAD HANDLE WITH CARE" both in Hindi and English language.

14. SHIPMENT AND SHIPMENT NOTICES

The Vendor shall make shipment only after prior approval by Inspectors whenever specifically mentioned. In the event of the Vendor having been advised to hold shipment(s) for any reason whatsoever the Vendor shall hold the materials in his/its warehouse for at least 30 days without any compensation; or without prejudice to any reduction in price already accrued on account of delay.

Immediately after shipment, Vendor shall inform despatch particulars to Owner / Procurement Coordinators as under with copy of despatch advice to

DGM-Projects, HPCL, Hindustan Bhawan, 8, S V Marg, Ballard Estate, Mumbai- 400 001.

The Vendor shall carefully note the destination of materials.

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

15. CONTROL REGULATIONS

The supply, despatch and delivery of goods shall be arranged by the Vendor in strict



conformity with the statutory regulations including provision of Industries (Development and Regulation) Act 1951 and may amendment thereof as applicable from time to time. The Owner disowns any responsibility for any irregularity or contravention of any of the statutory regulations in manufacture or supply of the stores covered by this order.

16. TRANSIT RISK

In case of Indian Bidders Inland Transit Insurance shall be arranged by the Bidder & charges are to be mentioned in the Bid.

17. RESPECT FOR DELIVERY DATES.

Time of delivery as mentioned in the Purchase Order shall be the essence of the contract and no variation shall be permitted except with prior authorization in writing from the Owner.

18. DELAYED DELIVERY

The time and date of delivery of stores / materials / equipment as stipulated in the order shall be deemed to be the essence of contract. In case of delay in execution of the order beyond the' date of delivery as stipulated in the order or any extension sanctioned, the Owner may at his option either:

i) Accept delayed delivery at prices reduced by a sum equivalent to ONE HALF OF ONE percent (1/2%) of the value of any goods not delivered for every week of delay or part thereof, limited to a maximum of 5% OF TOTAL ORDER VALUE, or

ii) Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account and at the risk of Vendor, without prejudice to its rights under (i) above in respect of goods delivered.

19. DELAYS DUE TO FORCE MAJEURE

In the event of causes of Force Majeure occurring within the agreed delivery terms, the delivery dates can be extended by the Owner on receipt of application from the Vendor without imposition of Price Reduction for Delay. Only those causes which depend on natural calamities, civil wars and national strikes which have a duration of more than seven consecutive calendar days are considered the causes of force majeure. Causes like strikes / lockout at Vendor's works for more than ten consecutive days and Government Act such as major power cut for a consecutive minimum period of 30 days and other direct legislative enforcement, shall also constitute Force Majeure.

The Vendor must advise the Owner and Procurement Coordinator / Managers by Registered letter duly certified by local Chamber of Commerce or statutory authorities, the beginning and the end of the cause of delay immediately, but in no case later than 10 days from the beginning and end of such cause of Force Majeure condition as defined above.

20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by Inspectors reveal the equipment, material and workmanship do not comply with specification and requirements, the same shall he removed by the Vendor at his its own expense and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose of such rejected goods in such manner as may think appropriate. In the event, the Vendor fails to remove the rejected goods within the period as aforesaid, all expenses incurred by the Owner for such disposal shall be to the account of the Vendor. The freight paid by the Owner, if



any, on the inward journey of the rejected materials shall be reimbursed by the Vendor to the Owner before the rejected materials are removed by the Vendor.

The Vendor will have to proceed with the replacement of that equipment or part of equipment without claiming any extra payment if so required by the Owner. The time taken for replacement in such event will not be added to the contractual delivery period.

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER

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

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

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

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

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

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

22. PRICEUnless otherwise agreed to in the terms of the Purchase Order the price shall be:

(a) Firm and not subject to escalation for any reason whatsoever till the execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order.

b) Inclusive of adequate road / rail-worthy packing and forwarding charges up to effecting delivery at F.O.R F.O.T. despatch point in all cases and road / railway freight whenever F.O.R / F.O.T. destination delivery terms are agreed to but exclusive of transit insurance.

Exclusive of Central / State sales Tax, Excise Duly and or such imposts which are leviable by law on sale of finished goods to owner and / or Octroi duty if any leviable at destination project site. The nature and extent of such levies shall be shown separately.

23. TERMS OF PAYMENT

23.1 Bidders to note that Advance Payment is not permissible in the contract.

23.2 In suppression of the payment terms specified in the General Purchase Conditions, the following payment terms shall be applicable

SUPPLY

In partial modification of the Payment terms specified in the General Purchase Conditions, the following payment terms shall be applicable



100% payment with full taxes and duties will be released within 30 days after receipt of material & original bills at HPCl locations as mentioned above thru e payment subject to submission of document section along with the bill

24. INVOICING

Invoices and other documents like delivery challan and other relevant documents etc. shall be sent as hereunder:

Original + 2 copies to Sr.Manager-Commercial (Finance), 4th Floor, Hindustan Bhawan, 8, Shoorji Vallbhdas Marg, Ballard Estate, Mumbai 400 001

25. RECOVERY OF SUMS DUE

Whenever any claim against the Vendor for payment of a sum of money arises out of or under tile contract, the Owner shall be entitled to recover such sums from any sum them due or which at any time thereafter may become due from the Vendor under this or any other contract with the Owner and should this sum be not sufficient to cover tile recoverable amount, tile Vendor shall pay to the Owner on demand tile balance remaining due.

26. CHANGES

The Owner has the option at any time to make changes in quantities ordered or in specification and drawings. If such changes cause an increase or decrease in the price or in the time required for supply, an equitable adjustment under this provision must be finalised within 10 days from the date when change is ordered.

27. CANCELLATION:

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

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

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

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

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

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

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

The Owner in that event will be entitled to procure the requirement in the Open market and recover the excess payment over the Vendor's agreed price, if any, from the Vendor, reserving to itself the right to forfeit the security deposit, if any made by the Vendor against the contract.

The Vendor is aware that the said goods are required by the Owner for the ultimate purpose of materials production and that non delivery may cause loss of production and consequently loss of profit to the Owner, In the event of the Owner exercising the



option to claim damages for non-delivery other than by way of difference between the market price and the contract price, the Vendor shall pay to the Owner the fair compensation to be agreed upon between the Owner and the Vendor.

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

28. PATENTS AND ROYALTIES

On acceptance of this order, the Vendor will be deemed to have entirely indemnified the Owner and Procurement Coordinators/Managers from any legal action or claims regarding compensation for breach of any patent rights.

29. PERFORMANCE GUARANTEE

The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications agreed upon and that the same shall be free from any defects.

Checking of Vendor's drawings by Procurement Coordinators/Managers and their approval and permission to ship or despatch the equipment and materials, granted by inspectors shall not relieve the Vendor of any part of his/its responsibilities of proper fulfillment of the requirements. The Vendor will guarantee that all materials and equipment shall be repaired or replaced as the case may be at his own expense in case tile same have been found to be defective in respect of materials, workmanship or smooth and rated operation within a period of 24 months from the date of commissioning of the system.

The guarantee period for the replacement part shall be twelve months starting from the date on which the replacements are put in service. Acceptance by the Owner or Inspectors of any equipment and materials or their replacement will not relieve the Vendor of his/its responsibility concerning tile above guarantees. The Vendor shall furnish a bank guarantee (as per proforma hereunder) to support Vendor's performance along with documents for the first consignment. This bank guarantee shall remain in force for the entire period covered by tile performance guarantee.

The Vendor shall furnish a single bank guarantee (as per proforma enclosed) to support Vendor's performance along with documents for the first consignment. This bank guarantee shall remain in force for the entire period covered by the performance bank guarantee. Multiple Bank Guarantees shall not be acceptable. In case of multiple deliveries/consignments, 10% Bank Guarantees shall have to be given along with the first supply/invoice, failing which the amounts will be retained in cash towards the above from running bills and will be refunded to the party upon submission of Performance Bank Guarantee with the final payment, submission of Bank Guarantees in intervening period will not be permitted. Multiple BG shall not be acceptable.

30. NON WAIVER

Failure of the Owner/Procurement Coordinators/consultants to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any right or remedies or by law or failure to properly notify Vendor in the event of breach, or the acceptance of, or payment of any goods hereunder or approval of design shall not release tile Vendor and shall not be deemed a waiver of any right of the owner or procurement Coordinators / Managers to insist upon the strict performance thereof or of any of his or their rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by Procurement Coordinators / Managers act



as waiver of tile terms hereof.

31. NON ASSIGNMENT

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

32. PART ORDER / REPEAT ORDER

Vendor hereby agrees to accept part orders at Owner's option without any limitation whatsoever and also accept repeat order during a period of one year from the date of issuance of Original order at the same unit prices, terms and conditions,

33. VENDOR'S DRAWINGS AND DATA REQUIREMENT:

The Vendor shall submit drawings, data and documentation in accordance with but not limited to what is specified in the requisition and / or in Vendor drawings and data form attached to the Purchase Order as called for in clause 8, viz, 'Expediting' above. The types, quantities and time limits of submitting this must be respected in its entirety failing Which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order execution.

34. TECHNICAL INFORMATION

Drawings, specifications & details shall be the property of the Owner and shall be returned by the Vendor on demand. The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of the Owner.

The Vendor shall not disclose the technical information furnished to or gained by the Vendor under or by virtue or as a result of the implementation of this Purchase Order to any person, firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL.

The technical information imparted and supplied to the Vendor by the Owner shall at all times remain the absolute Property of the Owner.

35. VENDOR'S LIABILITY

The Vendor's workmen or employees shall under no circumstances be deemed to be in Owner's employment and the Vendor shall hold himself responsible for any claim or claims which they or their heirs. dependents, personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by this Purchase Order. whether arising on Owner premises or elsewhere and agrees to indemnify the Owner against any such claim or claims if made against the Owner and all cost ( between attorney and client) of proceedings, suits or action which the Owner may incur / sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost comprehensive Automobile Liability insurance for adequate. coverage in respect of all his vehicles visiting or plying in project premises. The Vendor shall also be responsible for compliance of existing laws in respect of their workman and employees.

36. OWNER'S MATERIAL

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



proforma of bank Guarantee approved by the Owner.

(b) Wherever possible the material shall be consigned to Vendor's siding. In the event the Vendor does not have any siding, materials shall be consigned to the Public siding/goods depot to be specifically confirmed by Vendor Loading / Unloading and any handling from the siding/destination shall be arranged by the Vendor at his responsibility and cost

(c) The Vendor shall give a firm and binding list of Owner issue materials and the desired schedule of its delivery to Shop floor strictly in accordance with the sequence of fabrication vis-a-vis the contract delivery period.

(d) Unused material or scrap from material supplied by the Owner to the Vendor shall be returned by the Vendor to the Owner or if the owner so directs, the Vendor may dispose of the same by sale or otherwise on such terms and conditions as the Owner may stipulate and the Vendor shall pay to the owner the sale proceeds of the material so disposed by sale deducting there from expenses incurred by the Vendor on such sale, the quantum of such deduction to be mutually agreed upon in advance between the Owner and the Vendor.

37. HEADINGS

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

38. ARBITRATION:

1) 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.

2) The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank of Ch. Manager & above or any retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference.

3) 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.



4) 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.

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

6) The work under the Contract shall, however, continue during the Arbitration proceedingsand 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.

7) 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.

8) 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 lump-sum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage-wise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties.

9) 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.

10) 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.

11) The Appointing Authority is the Director- Marketing of Hindustan Petroleum Corporation Limited.

12) Resolution of dispute or differences between Indian Public Sector Enterprises/ Government Departments :

If the supplier is a Public Sector Enterprise in India, the procedure detailed in Clause 39, for resolution of dispute or differences between the Owner and Supplier, shall stand amended as per the directions of the Government of India given in their memorandum OM No. 15/9/86-BPE (FIN) dt. 30/03/1989, subject to both Owner & Supplier remaining Public Sector Enterprises in India and the directions of Government of India’s office memorandum OM No. 15/9/86-BPE (FIN) dt. 30/03/1989 given in this regard remaining effective the date of Owner’s Acceptance of Work.



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



HINDUSTAN PETROLEUM CORPORATION LIMITED GENERAL PURCHASE CONDITIONS

FOR IMPORTS

INDEX1. DEFINITIONS2. PRICES3. PAYMENT TERMS4. REPEAT ORDER5. VENDOR'S SALES CONDITIONS6. IMPORT LICENCE .7. DELIVERY & DELAYS8. DELAYS AND NON CONFORMANCE9. INSPECTION-GHECK- TESTING'

10. REVISIONS CHANGES AND CANCELLATION11. WARRANTEES GUARANTEES12. NON-ASSIGNMENT13. PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS14. SUBSTITUTION AND WRONG SUPPLIES15. ARBITRATION16. PACKING17. MARKING18. SHIPPING19. DOCUMENTATION20. SHIPPING ADVICE21. TECHNICAL INFORMATION22. ADDRESSES23. GENERAL



1.0 . DEFINITION :

1.1 Purchaser : Purchaser means HPC Ltd. having registered office at 17 Jamshedji Tata Road, Mumbai - 400 020. The term purchaser includes successors and assigns of HPCL.

1.2 Vendor : Vendor means the person, firm of corporation to which this purchase order is addressed. The terms Vendor includes its successors and assigns.

1.3 Goods: Goods means the articles. materials, supplies. drawings, data and other property and all services, including design, delivery installation, inspection testing and commissioning specified to required to complete this purchase order.

2.0 PRICES:

2.1 Firm Price: Vendor shall confirm that quoted prices shall be firm and subject to on escalation whatsoever, till complete of order.

2.2 Transit Insurance: Prices Quoted shall exclude transit insurance-charges from F.O.B port of shipment or by Air as the same shall be arranged by the PURCHASER. All transit insurance charges for inland transit upto FOB Port of Shipment or airport should be included by the vendor in their prices.

2.3 Bank Charges/ Stamp Duties/ Taxes :(i) All Bank Charges and Stamp Duties payable in supplier’s country in connection with the

payments to be made under this Purchase order shall be borne by the Vendor. All Bank charges and Stamp Duties payable in India shall be borne by the Purchaser

(ii) All taxes, duties and levies of any kind that may be payable upto the stage of putting the material in FOB position shall be borne by the Vendor.

(iii) All taxes and duties payable in India on the materials shall be payable by the Purchaser.(iv) In case of amendments to LC arising out of supplier requirement / default, all charges

shall be borne by Supplier.

3.0 PAYMENT TERMS: As per tender document

Notes:

(i) All foreign currency payments (for supplies) to foreign Bidder shall be released through an irrevocable Letter of Credit, which shall be opened through Govt of India Nationalized Bank and hence shall not be confirmed. In case any Bidder insists on confirmation, charges towards confirmation shall be borne by him. LC shall be established within 30 days after receipt of unconditional acceptance of Letter / Fax of Intent together with Contract Performance Bank Guarantee for 15% of Total Order value.

(iv) The bills of domestic vendors will be reduced by the amount recoverable towards Price reduction for delay in case of delay in delivery.

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

directly to the Vendor payable within India against Bills duly certified by the Bidder. For this purpose, Vendor shall undertake necessary formalities including opening of bank account in India. All connected liabilities on account of this shall be to Vendor’s account.

(iv) Only the charges of Owner’s Bank in India shall be to Owner’s account. All



other Bank charges including those in Bidder’s country shall be to Bidder’s account.

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

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

(vii) No variation in payment terms shall be accepted for Foreign Bidders and deviation from above will make their bid NON-RESPONSIVE.

4.0 REPEAT ORDER:

For any Items ordered on the Vendor the Purchaser can place repeat orders for any additional quantity not exceeding the quantity of the original purchase order within a period of one year from the date of the original order at the same prices, terms and conditions.

5.0 VENDOR'S SALES CONDITIONS:

Vendor's standard sales conditions, If any, shall not be applicable to the offer and only the Purchaser's “General Purchase Conditions” shall apply with the exception deviations specifically agreed between the vendor and the Purchaser and brought out in the Purchase Order.

6.0 IMPORT LICENCE:

Relevant particulars of the Import license / Import policy shall be duly indicated In the shipping documents and Invoice.

7.0 DELIVERY & DELAYS:

7.1 Contractual Delivery Date: Contractual delivery date is the date in which goods shall be delivered FOB Port of shipment In accordance with purchase order.

7.2 Respect for Delivery Date: Time of Delivery as mentioned In Purchase order shall be the essence of the contract and no variation shall be permitted, except with the prior authorization in writing from the purchaser.

7.3 Price Reduction Schedule for Delayed Delivery:

In the event of Delay on the part of the vendor in effecting deliveries as agreed contractually, it will be at purchaser's discretion to levy a reduction in price for delayed deliveries @ ½ % of total order value per week of delay or part there of subject to a maximum of 5% of the Total Order Value.

7.4 Causes of Force Majeure: Delivery dates will be extended to the Vendor without being subject to clause “Price Reduction Schedule for Delayed Deliveries”, in the event of cause of force majeure within the Contractual delivery periods; only the following will be considered causes of force majeure:

Acts of God (like earthquakes, floods, storms, etc.) act of States, the direct and Indirect consequence of Wars (declared or undeclared) hostilities, national emergencies, civil commotions and strikes (only those Vendor's complete factor). The Vendor shall immediately Inform the Purchaser by registered and detailed letter supported by documentary proof at the beginning and end of all such Impediments. It Is understood that delivery dates will be extended only for the duration of the above mentioned



impediments.

8.0 DELAYS AND NON-CONFORMANCE:

In case of Delivery schedule not being adhered to in progressing the manufacture of supply the Purchaser has the right to:

(i) Cancel the order wholly or in part-without any liability to Cancellation charges and procure the goods elsewhere, In which case Vendor shall make good the difference between the cost of goods procured elsewhere and price set forth in the order with the Vendor.

(ii) Hire for the period of delay goods meeting the specifications from elsewhere at Vendor's cost.

In the event of rejection of non-conforming goods, the Vendor shall be allowed to correct the non-conformities without extension in delivery period. If vendor fails to do so within the stipulated time, the Purchaser shall have the right to recover actual expenses incurred by Purchaser in installing and removing the non-conforming goods. This shall not prejudice the right of the Purchaser for invoking the provisions of clause 7.3 on price reduction for delayed deliveries as aforesaid.

9.0 INSPECTION - CHECK -TESTING:The materials or workmanship covered by the Purchase Orders are subject to inspection and testing at any time prior to shipment and/or Despatch and to final inspection within a reasonable time after arrival at site.

The materials shall be subject to INSPECTION by Agencies as mentioned in the requisition and the Vendor shall also bear the expenses concerning preparation and rendering of tests required by such agencies nominated or Boiler Inspectorate or such other Statutory testing agencies or by Lloyds Register of Shipping as may be required.

10.0 REVISIONS CHANGES AND CANCELLATION :

The Purchaser may make any revisions or changes in Purchase Order including additions from the quantities ordered. The effect of such changes on prices, delivery period and/or other terms and conditions may be settled through mutual agreement. Claim for adjustment must be made within 15 days of revision, cancellation being conveyed to the Vendor.

The Purchaser may terminate the order at any time if the Vendor does not adhere to or all agreed terms and conditions. In such case the Purchaser has the option to buy complete or incomplete components with or without verification/Inspection at mutually agreed prices.

11.0 WARRANTEES/GUARANTEES:

The Vendor shall warrant that the goods shall give required operational performance, shall be suitable for the service intended and be of the Quality or the best grade in case no quality is specified.

The goods shall be guaranteed against any defects in design, materials, workmanship and performance for a period of 24 months from the date of commissioning of the system.

Should any defects develop within the Guarantee/Warrantee period, the same shall be



remedied or the goods shall be replaced free of charge. All expenses incurred including those on transportation, shall be borne by the Vendor.

12.0 NON-ASSIGNMENT:

Any assignment of this Purchase Order or of any of the rights hereunder In any manner or under any certificates by operation of the law or otherwise shall be void without prior written consent at the Purchaser.

13.0 PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS:

Vendor shall protect and fully indemnify the purchaser from any claims for infringement of patents, copy right, trade make or the like.

Vendor shall also protect and fully indemnify the Purchaser from any claims from Vendor's Work men employees, their heirs, dependents, representatives etc. or from any other person/persons or bodies/companies etc. for any act of commission or omission while executing the order.

Vendor shall be responsible for compliance with all requirements under the laws and shall protect and indemnify completely the Purchaser from any claim/ penalties arising out of any infringements.

14.0 SUBSTITUTION AND WRONG SUPPLIES

Unauthorized substitution or materials delivered in error or of wrong description or quality or supplied in excess quantity or rejected goods shall be returned to the Vendor at the Vendors cost and risk.

15.0 ARBITRATION:

1. Disputes or difference arising out of or in relation to this agreement shall be settled by Arbitration in India. The arbitration shall be by a Sole Arbitrator appointed by HPCL. The Sole Arbitrator will adjudicate the disputes and differences between the parties except those in respect of which the decision of any person is by the agreement expressed to be final and binding.

2. In the event of the Sole Arbitrator to whom the matter is originally referred to, is unable to act or he/she vacates the office, HPCL, shall nominate another Sole Arbitrator to settle the said disputes and differences.

3. The second Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his/her predecessor.

4. The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreement subject to the provisions of the # Arbitration & Conciliation Act, 1996, as in force in India and the rules made thereunder and for the time being in force. This agreement shall be covered by the laws of India.

5. The award shall be made in writing and shall be published by the Sole Arbitrator within six months after entering upon reference or within such further time mutually extended by the parties. The Sole Arbitrator shall have power to order and direct the parties to abide by, observe and perform such directions as the Sole Arbitrator may think fit and proper to issue having regard to the fact that the arbitration proceedings have to be completed within the specified period solely on the principles of Natural Justice.



6. The Sole Arbitrator shall be at liberty to appoint, if so necessary, any Accountant or Engineer or other person to assist him/her and act by the opinion so taken.

7. The Sole Arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the disputes and differences, and in particular, shall make separate awards in respect of each claim or cross claim of the parties.

8. The Sole Arbitrator shall be entitled to direct any of the parties to pay the cost of arbitration in such a manner and to such an extent as the Sole Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportions to meet the arbitration expenses. The parties to arbitration, whenever called upon to do so, shall be bound to comply with such directions without any demur.

9. Notwithstanding anything contained to any other law, the parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction in respect of all or anything arising under this agreement and any award(s) made by the Sole Arbitrator hereunder shall be filed in the court in the city of Mumbai only.

16.0 PACKING:

16.1 Packing should be capable to withstand rough sea weather for a minimum period of 4 to 6 months and should be commensurate with best commercial export practices. AII packaging shall be done in such a manner as to reduce volume as much as possible. Fragile articles should be adequately packed with special packing materials depending on type of materials.

16.2 All delicate surface on equipment material should be carefully protected and painted with protective paint compound and wrapped to prevent rusting and damage.

16.3 All mechanical and electrical equipment and other heavy articles should be securely fastened to the bottom of the case and shall be blocked and braced to prevent movement.

16.4 Attachments and spare parts of equipments and all small pieces shall be packed separately in wooden Cases with adequate protection inside the case and wherever possible should be sent along with the main equipment. Each item shall be tagged so as to identify it with the main equipment and part number and reference number shall be indicated.

16.5 All protrusions shall be suitably protected and opening shall be blocked by wooden covers. '

16.6 Wherever required equipment/materials shall be packed in poly-ethylene bags and silica-gel or similar dehydrating compound shall be put inside the bags to protect them.

16.7 Pipes/ tubes made of stainless steel, copper etc. shall be packed in wooden cases Irrespective of sizes.

16.8 The supplier shall be held liable for all damages or breakages to the goods due-to the defective or insufficient packing as well as for corrosion due to insufficient packing.

16.9 Detailed packing list in water proof envelope shall be inserted in each package together with equipment/materials. One copy of “Detailed Packing List", shall be fastened outside of the package in water proof envelope and covered by metal cover.



17.0 MARKING

17.1 Each package shall be marked on three sides, with proper paint/indelible water proof inks as follows:

HINDUSTAN PETROLEUM CORPORATION LTD. , PURCHASE ORDER NO........................................................................………….NET WEIGHT ……………………… KGS.GR. WT ………………. KGSDIMENSIONS..........................................X…….............X........................CMSPACKAGE NO. (SI. No. of total packages)TAG/ITEM NO....................………………………...............COUNTRY OF ORIGIN ..................................................................... SHIPPER'S NAME..................................................................................................

17.2 Additional marking such as 'handle with care' 'this side up' 'fragile' or any other additional Indications for protection and safe handling shall be added depending on the type of materials. All cases will have warning signs on the outside denoting 'Centre of Gravity' and 'Sling Mark'.

17.3 Letters, figures, marks etc. used for marking shall be stenciled printed. Handwriting should be avoided as far as possible. Size of letter shall be optimum for each package dimensions.

17.4. In case of Bundle or other packages wherever marking cannot be stenciled the same shall be embossed on metal or similar tag and Wired securely at minimum two convenient points.

19.0 DOCUMENTATION

19.1 The documents shall be in English Language.19.2 Documents required before shipment:

Seventy five (75) days before the contractual delivery date, proforma, packing lists and sketches of over dimensioned cargo shall be air mailed as follows:H.P.C.L. Mumbai 2 COPIESHPCL Site Office 2 COPIES

19.3 Documents required after shipment:The supplier shall air-mail the shipping documents stated here in below as quickly as possible after the shipment has been made so that the same are received at least two weeks prior to the arrival of vessel at destination port. The supplier shall be fully responsible for any delay and/or demurrage that may become payable at destination port on account of delay transmittal of shipping documents.

Copy of Documents HPCL HPCLND SITE

(a) Bill of lading 4 2 (b) Commercial Invoice 4 2 (c) Detailed Packing list 4 2 (d) Freight Memo 2 2 (e) Test Certificate 2 2 (f) Certificated of Origin 2 2 (g) Certificate of Measurement & Weight 2 2



(h) Catalogue and/or drawing 1 1 (i) Payment Certificate 2 2 (amount received by vendor)

Note: In addition to above, complete set of documents are required to be sent to (Purchaser) through bank in terms of Letter of Credit

19.4 Bill of lading:Bill of Lading shall be 'Clean on Board', Ocean Bill of Lading should be made In favour of HPCL , Hindustan Bhawan, Mumbai 400001 order and the notify column should Indicate HPCL

Commercial Invoice:

Commercial Invoice shall, inter alia indicate (i) Purchase Order No. (ii) Import Licence Policy numbers and (iii) Country of Origin. Besides, the cases in the voice shall be in conformity with order.

19.6 Packing List:Packing List must show apart from other particulars actual contents in each case, net and gross weights and dimensions and the total numbers of packages.

22.0 ADDRESS

DGM- Pipeline ProjectsHindustan Petroleum Corporation Limited, 8, S.V.Marg, Ballard Estate Mumbai- 400 001

23.0 GENERAL:

1. EFFECT AND VALIDITY OF OFFER:

The submission of any bid with connected documents and specification contained under request for quotation shall constitute a bid and the vendor shall have no cause for action or claim against the consultant / purchaser for rejection of his Bid. The consultant / purchaser shall always be at liberty to accept or reject any or all bids at their sole discretion and any such action will not be called into question and the vendor shall have no claim in this regard against consultant / purchaser

The bid should be kept valid for acceptance for a period of 6 months from the bid due date or any extended due date as the case may be.

2. PART ORDER:

Seller hereby agrees to accept part orders at owners option without any limitation whatsoever however individual quantity will not be split unless otherwise specified. All lump sum charges quoted by the vendor will be calculated on pro rata basis in case of part order.

3. WEIGHTS & MEASUREMENT:

All weights and measurement recorded by the purchaser on receipt of goods at site shall be treated as final.



Chapter - 51. Bid Form

2. UNPRICED BID FORMATS: (NO RATES SHOULD BE QUOTED IN UNPRICED BID. RATES SHOULD BE QUOTED IN PRICED BID ONLY.)

3. PRICE FORMATS: (No condition / deviations should be mentioned in price bid. Conditional price bid shall be liable for rejection at the sole discretion of HPCL.)



BID FORM

To: (Name and address of Owner) Date:

Gentlemen,

Having examined the Conditions of Contract and Specifications including Addenda Nos (Insert Numbers) the receipt of which is hereby duly acknowledged, we the undersigned, offer to supply and delivery (Description of Goods and Services) in conformity with the said Drawings, Conditions of Contract and specifications for the same (total bid amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this bid.

We undertake if our bid is accepted, complete delivery of Line pipe as agreed and specified in the RFQ document. If our bid is accepted we will obtain the guarantee of a Bank in a sum not exceeding (10)%# of the Contract price for the due performance of the Contract.

We agree to abide by this bid for a period of 120 days from the date fixed for bid opening under Instructions to Bidders and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof in your notification of award (Fax of Intent) shall constitute a binding Contract between us.

We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this Day of

Signature

………………………………………In the capacity of Duly authorized to sign bid for an on behalf of

Witness

Address

Signature

# In case of foreign bidders, bank guarantee of 15% shall be furnished as per clause no 5.1.2 of SCP.



UNPRICED & PRICED BID FORMATS FOR INDIAN & FOREIGN BIDDERS

Un-priced Bid Format for Indian Bidders –CHAPTER 10-AUn-Priced Bid Format for Foreign Bidders – CHAPTER 10-BPriced Bid Format (Indian Bidders) – CHAPTER 10-CPriced Bid Format (Foreign Bidders) – CHAPTER 10-DTax Sheet Format – CHAPTER 10-E

Notes: NO CONDITION SHOULD BE MENTIONED ON PRICE BID.

1. The Un-priced price schedule (submitted along with Un-priced Bids with prices blanked out) should contain the words Quoted or Not Quoted or Not Applicable against each item. Bidder shall mandatorily quote for all items in the Bid.

2. Bidders quoted prices shall be deemed to include bidder’s entire scope of work and technical specifications, data sheets, drawings etc. Covered in this tender document irrespective whether the same are specifically covered in the “Description” under above Price Schedule or not.

3. Bidder to indicate all Taxes and Duties in Percentage in Un-priced Bid. The application of the taxes & duties shall be as per enclosure

Important Notes:

1) Please indicate the exact charges applicable as on the date of submission of bids in % terms clearly. DO NOT specify “At Actual”, “by HPCL” etc.

2) It is the responsibility of the bidder to ascertain the exact charges applicable towards various Duties & Taxes (including charges towards Octroi, entry tax etc. if any applicable) prevailing at the time of submission of bids. Only those charges that are mentioned above will be considered for evaluation, and Purchase Order will be processed accordingly on the L-1 bidder. No additional payments will be made for whatsoever reasons, other than statutory revisions.

3) In case any of the charges being Not applicable, Nil, or inclusive in the rates quoted by you, the same may be indicated clearly against the space provided for the same.

4) In case any of the above boxes are left blank, the same will be construed as “NIL” for the purpose of evaluation, and PO will be placed accordingly, in case of party becoming L-1.


CORRISION INHIBITOR ETHANOL HPCL 5) The charges indicated above only will be considered for evaluation. In case any of the above mentioned charges have been

indicated by you at any other place in the tender document or covering letter etc., and if there is any discrepancy between the two, then the lower of the two will be considered for evaluation and PO will be placed accordingly, in case of party becoming L-1.

6) Bidder to indicate all Taxes and Duties in Percentage in Un-priced Bid. The application of the taxes & duties shall be as per enclosure.

7) Vendor to quote in US $ OR in the currency of country of origin.

8) Rates for Installation, Testing, Commissioning and AMC items shall be quoted in Indian Rupees (INR).

9) Port of Entry in India would be Navasheva Port JNPT, Mumbai.



Chapter - 6TIME SCHEDULE

DESCRIPTION OF WORK: Corrosion Inhibitor Ethanol

DELIVERY PERIOD: (Applicable for both Foreign and Indian Bidders)

Delivery period – The completion period of the job shall be as under:

Normal Delivery time is max. 30 days from the date of placing call-ups placed by each of our location

The completion period shall include supply of all items as per scope, of the Corrosion Inhibitor – Ethanol for all locations



Chapter - 7BRIEF SUMMARY

OF AGREED TERMS & CONDITIONS

(A T & C)

AGREED TERMS AND CONDITIONS

This questionnaire duly filled shall be returned along with each copy of Un-priced bid. Clauses confirmed hereunder should not be repeated in the bid. ALL THE COMMERCIAL TERMS AND CONDITIONS SHOULD BE INDICATED IN THIS FORMAT ONLY. IF REQUIRED DETAILS INCLUDING DEVIATION TO GPC, IF ANY, SHOULD BE INDICATED AS AN ANNEXURE TO THIS FORMAT.

In view of the rejection clause no. 16.0 of Chapter-2 , will be strictly adhered to, bidders are advised to comply to the terms and conditions of the bid document in the First Instance itself.

S.NO. DESCRIPTION BIDDER'S CONFIRMATION1 Confirm Your Offer is in complete compliance

with the scope of supplies as specified in the Bid document

2 Confirm you have quoted your prices strictly in the applicable Price schedule format (enclosed with the Bid document) along with Unit and Total Prices

3 Specify Country of Origin of Goods offered4 Specify the Currency of quote (in accordance

with terms specified in Bid document)5 Indicate estimated shipping net and gross

weight and Volume6 INSPECTION :

Confirm your quoted prices are inclusive of all testing and inspection requirements as specified in the bid document. Please note that third party inspection charges is included in the Quoted Basic/ FOB price.

7 Confirm acceptance / compliance with the following conditions /clauses of the Bid


CORRISION INHIBITOR ETHANOL HPCLdocument (i) Confirm price basis of your offer is strictly in

accordance with Cl. nos 1 and 2 of Chapter-3.

(ii) Confirm You have furnished Bid security (Bank Guarantee) for the requisite amount in the required format as per terms of bid document

(iii) Confirm that You shall furnish Contract Performance Bank Guarantee (Performance Security) as per terms of Bid document.

(iv) Confirm your Firm delivery period shall be strictly as per requirement specified in the Bid Document.

(v) Confirm that Your offer will remain Valid for acceptance for a period of ONE HUNDRED TWENTY DAYS from the Bid due date or extended due date (if the same is extended).

(vi) Confirm that the quoted prices shall remain FIRM AND FIXED till complete execution of Order

(vii) Confirm that Guarantee / Warranty shall be as per Special Conditions of Purchase.

(viii) Confirm that the Force Majeure shall be as per General Purchase Conditions

(ix) Confirm acceptance of Price Reduction for delay in delivery as per Chapter-3 of Bid document.

x) Confirm total acceptance to Payment Terms as per Chapter-3 Special Conditions of Purchase

xi) Arbitration clause shall be as per General Purchase Conditions

8 Confirm Terms related to Taxes and Duties shall be as per Provisions of Bid document

9 All correspondence must be in English Language Only

10 This clause is for Indian Bidders only


CORRISION INHIBITOR ETHANOL HPCL10.1 Indicate dispatch Point10.2 Confirm Quoted prices are exclusive of transit

Insurance10.3 Indicate Rate of Central / Local Sales Tax

(CST / LST) payable extra on finished goods

(i) CST without Concessional Form C

(ii) CST with Concessional Form

(iii) Local Sales Tax (in case supplies are made from Originating state) without concessional form

(iv) Local sales tax with Concessional Form10.4(i)

(ii)

Indicate Present rate of Excise duty plus Education Cess applicable extra on finished goods

Confirm that Excise Duty amount shall be reimbursed to seller only against receipt of CENVATABLE copy of Excise Invoice by Owner.

Excise Duty : _____ %Ed. Cess : _____%

10.5 If there is any variation in excise duty plus education cess on finished goods at the time of Supplies for any reason, other than statutory, including turnover, Confirm the same will be borne by the Bidder.

10.6 In case (10.5) above is not acceptable, indicate maximum rate of Excise duty plus Education Cess chargeable.

10.7 Statutory variation in Excise duty plus Education Cess and Sales tax during the contractual delivery period on Finished goods only will be to Owner's account.

10.8 Confirm, if there is delay beyond contractual delivery date for reasons attributable to Bidder, any increase in Sales tax and / or excise duty plus education cess will be borne by the Bidder and any decrease shall be passed on to Owner.

10.9 Confirm, in case of delay in delivery, due to reasons attributable to Bidder, any new or additional taxes and duties imposed after contractual delivery dates shall be to Bidder's account.

10.10 If offer is based on certain imported raw materials / components required for goods offered, Please note and specify the following :(i) Owner will not provide any Import License for the same



(ii) Confirm that you have quoted prices on:

a. Merit rate of Customs duty (without essentiality certificate)

(iii) Confirm you have furnished built in CIF import content in your price bid.

(iv) Indicate rate of customs duty considered and included in the

quoted prices

(v) Indicate classification(s) under which Bidder intents to import

(vi) Confirm that any upward variation due to wrong classification(s) considered in Offer shall be absorbed by the Bidder, whereas any downward variations on account of the same shall be passed on to the Owner.

(vii) Please note and Confirm that any variations in Customs duty shall be to Owner's account only as per terms specified in the bid document.

viii) Confirm Bidder shall claim variation on account of Customs duty separately after receipt of goods at site, against documentary evidence

Merit Rate Of Customs Duty

11 This clause is for Foreign Bidders only11.1 Indicate International sea Port of Exit11.2 (i) Letter of Credit shall be opened through a

Government of India Nationalized Bank and hence need not be confirmed.

(ii) In case You insist for a confirmed LC, confirmation charges will be to your account. Confirm acceptance.

11.3 Confirm your quoted prices include transit Insurance upto FOB Port of Shipment

11.4 All taxes, duties and levies of any kind payable upto FOB Port of shipment shall be borne by the Bidder.

11.5 All Bank Charges and Stamp duties payable outside India in connection with the payments to be made under the Purchase Order shall be borne by the Bidder. All Bank Charges and


CORRISION INHIBITOR ETHANOL HPCLStamp duties payable in India (only Owner's banker) shall be borne by the Owner.

11.6 In case of Foreign Bidder insisting for having Indian Agent, furnish the following :

(i) The Unavoidable justification for engaging the Indian Agent

(ii) Name and complete address of Indian Agent including Telephone & Fax number

(iii) RBI Registration Number

(iv) Agency's commission included in Quoted prices as % of quoted FOB prices (Payable in equivalent non-convertible Indian Rupees upon complete execution of Order and supplies are received and acceptable at sites.

(v) Submit Copy of agreement between Foreign Bidder and Indian Agent

_________ %

11.7 Please Indicate the name and address of your Bankers

12 Please confirm that you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must clearly be stated. This does not necessarily be cause for disqualification. However, if this declaration is not furnished the bid shall be rejected as non-responsive.

13 Please confirm that you have filed in, signed and attached the enclosed “Proforma of Declaration of Black Listing/Holiday Listing” along with your Unpriced offer.

14 Confirm acceptance to part order. Offer for items as per the terms specified in the bid document. For all items individual quantities will not be split.

15 Owner reserves the right to make any changes in the terms and conditions of bid document. Confirm

16 The Bidder is required to state whether any of the Director's Bidder is a relative of any Director of Owner or the Bidder is a firm in which any Director of Owner or his relative is a partner.

17 (a) Confirm acceptance in Toto of the Terms and Conditions contained in the Bid document (i) Instructions to Bidders.



(ii) Special Conditions of Purchase

(ii) General Purchase conditions (GPC)

(iii) All other commercial documents / attachments / Chapters of the bid document

(b) In case of reservations, confirm that clause wise comments have been specified as annexure to this format.

(c) All the terms and conditions have been indicated in this format (including Annexure, if any) and have been repeated in the Bid elsewhere. It is noted that terms and conditions indicated elsewhere including any printed terms and conditions shall not be considered by the owner

18 Furnish Financial Turnover figures of last 3 years of bidder / manufacturer and or trading company (house) which ever is applicable TURNOVER 20011-2012 (2011) 2010-2011 (2010) 2009-2010 (2009)In support of above Bidder shall enclose copies of its published Annual reports of preceding 3 years. Confirm compliance.

BIDDERS NAME :ADDRESS :

SIGNATURE & SEAL:

FAX NO. TEL NO. EMAIL :



Chapter - 8Proforma

1) Annexure-A : Bid Security

2) Annexure-B : Contract Performance Bank Guarantee (CPBG)

3) Annexure-C: Letter of Authority for attending opening Un-priced and Priced Bid

4) Annexure-D : Declaration Form

5) Annexure-E : Manufacturer’s Authorisation Form

6) Annexure-F : Bidder’s General Information

7) Annexure-G : Annual Turnover Form

9) Annexure-H : Integrity Pact

10) Annexure-I : Deviation Sheet Format

11) Annexure-J : Parent Company Guarantee



NNEXURE-ABID SECURITY FORM

(SPECIMEN)DRAFT BANK GUARANTEE IN LIEU OF BID SECURITY (EMD)

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATIONLIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "TheCorporation" which expression shall include its successor in business and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called "the tender" which expression shall include any amendments/alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of R....... (Rupees ................................. only).

We, ................................... Bank having office at ..................................................... Mumbai(hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs........... (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender".

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss,damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

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


CORRISION INHIBITOR ETHANOL HPCLobligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extensionbeing granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ......... (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of nine months (8 month validity + 1 month claim period) from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard.IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of ........................

For ........................ Bank(by its constituted attorney)

(Signature of a person authorisedto sign on behalf of "the Bank")



ANNEXURE-B

DRAFT COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/PERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ............. (hereinafter called "the supplier" (which expression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed : a) not to insist upon immediate payment of Security deposit for the fulfillment and performance of the said order b) to pay "the supplier" as and by way of advance up to a sum of Rupees__________ (Rupees _____________________________ only) being ____% of the value of the order"; c) that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/or discharge of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept a composite Bank Guarantee for the mobilization advance, security deposit, retention money and performance guarantee.

___________________________________________________________________________We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation” without any demur on first demand an amount not exceeding Rs........... (Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge whether the said "Supplier" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoever which under the law relating to sureties


CORRISION INHIBITOR ETHANOL HPCLwould but for this provision have the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall be only one Composite Bank Guarantee for both the advance and security deposit performance guarantee/Retention Money @ of ____% valid till the end of the defects liability period as per the terms of the P.O. No. _______________ dated _____________ and that in proportion with the recovery of advance @ ______% per bill the same amount/value automatically stands credited to the defects liability account/security deposit or retention money as the case may be and will continue to be credited/treated till the entire advance of Rs._______________________ is fully recovered from the running bills and from the date of full recovery of the advance of Rs.__________________ this guarantee automatically, shall stand valid towards the ____% retention money/defects liability, fully valid in all ® respects unto a further period of 3 (three) months, as per the Purchase Order of "the Corporation".

6. Not withstanding anything contained herein above : i) Our liability under this guarantee shall not exceed Rs..........ii) This Bank Guarantee shall be valid upto and including .......; andiii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before the expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affected by any change in the constitution of "the Supplier".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this............................. day of ...........................

For ........................ Bank(by its constituted attorney)

(Signature of a person authorisedto sign on behalf of "the Bank")*



ANNEXURE-C

Proforma of Letter of Authority for Attending Opening of Unpriced & Priced Bid.

No. Date:

HINDUSTAN PETROLEUM CORPORATION LIMITED,Gresham HouseGresham Assurance Building, (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort, Mumbai – 400001

Attn:.........................................

Dear Sirs,

We........................................hereby authorise following representatives (s) to attend the unpriced bid opening and priced bid opening against your Bid document number No. ...........................for....................................(item Name).......................................

1. Name & Designation : ......................... Signature............................

2. Name & Designation : ........................ Signature............................

We confirm that we shall be bound by all and whatsoever our representative (s) shall commit.

Yours faithfully,

Signature........................................... Name & Designation.........................For & on behalf of............................

Note:

This Letter of Authority should be on the letterhead of the Bidder and should be signed by a person competent and having the power of attorney.




CORRISION INHIBITOR ETHANOL HPCLANNEXURE-D

DECLARATION(To be submitted along with Un priced bid)

(M/s. __________________________) hereby declare / clarify that we have not been banned or delisted by any Government or Quasi Government Agencies of Public Sector Undertakings (PSUs) of Government of India.

Stamp and Signature of Bidder

Note: If a bidder has been banned by any Government or Quasi Government agencies or PSUs of Government of India, this fact must be clearly stated with details. If this declaration is not given along with the Unpriced bid, the tender will be rejected as Non-responsive.

CONTACT PARTICULARS

NAME OF PERSONTEL NO. OFFICETEL NO. RES.MOBILE NO.E-MAIL ID



ANNEXURE-EMANUFACTURERS' AUTHORISATION FORM

ANDBACK UP GUARANTEE

To

HINDUSTAN PETROLEUM CORPORATION LIMITED,Gresham Assurance Building, (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort, Mumbai – 400001Dear Sir,

Bid Document No. ______________________ dated ___________

Item: Rim Seal Fire Protection System on FLOATING ROOF tank

We ________________________who are established and reputable manufacturers of _______ having Plant at _________________ do hereby authorize M/s ________________________________(Name and Address of Representing Firm) to bid, negotiate and conclude the contract with HPCL for the goods to be manufactured by us against subject Bid Document.

We certify:

1) As a policy we do not quote directly.

2) Against above Bid Document, we have not quoted through any other Trading House / Representing firm.

3) This certificate shall remain valid upto completion i.e. till the end of the guarantee/warrantee period of the quoted items.

We hereby extend our full guarantee and warranty as per the terms of Bid Document for the goods offered for supply by the above firm. Vide their offer no. _________________________ dated _________.

Yours faithfully

(Name)

for and on behalf of M/s _________________ (Name of manufacturers)

Note: This letter of authority should be on the letterhead of the manufacturing concern and should be signed by a person competent and having the power of attorney to bind the manufacturer.



ANNEXURE-F

BIDDER’S GENERAL INFORMATION

Bid Document No. ……………………………………………………………… To

Hindustan Petroleum Corporation LimitedMumbai, India.

1.1 Bidder Name:

1.2 Number of Years in Operation: ________________________________________________

1.3 Registered Address ________________________________________________

________________________________________________

_____________________________________ __________

1.4 Operation Addressif different from above: ________________________________________________

1.5 Telephone Number _________________________________________________ (Country code) (Area Code) (Tel. Number)

1.6 E-mail address & Web Site _________________________________________________

1.7 Telefax Number __________________________________________________ (Country Code) (Area Code) (Tel. Number)

1.8 ISO Certification, if any (if yes, please furnish details)

(SIGNATURE OF BIDDER WITH SEAL)



ANNEXURE-GAnnual Turnover

Bid Document No. ………………………………………………………..

Annual Turnover data for the last 3 years

Year Currency AmountYear 2011-12Year 2010-11Year 2009-10:

1. The information supplied should be the Annual Turnover of the bidder

SEAL AND SIGNATURE





ANNEXURE-HINTEGRITY PACT

Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The Principal”,and

………………………………………………………. hereinafter referred to as “The Bidder/ Contractor”

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for ………………………………………… The Principle 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 Bidders/s and Contractor/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation “Transparency International” (TI). Following TI’s national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

1. 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 him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

2. 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.

3. The principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.



Section 2 – Commitments of the Bidder / Contractor

(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.

1. 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 he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

2. 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.

3. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption 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.

4. 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 offences outlined above or be an accessory to such offences.

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

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

(1) If the Bidder/Contractor has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular



the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonables 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 – Compensation for Damages

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

(2) If the Principal has terminated the contract according to Section 3, or if the Principle is entitled to terminate the contract according to Section 3, the Principal shall be entitled 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 – Previous Transgression

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



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

Section 6 – Equal treatment of all Bidders / Contractors / 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 – Criminal charges against violating Bidders/Contractors/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor / Monitors(to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible External Independent Monitor for this Pact. # The Principal has nominated Justice Shri. S C Pratap (Retd. Chief Justice, Mumbai High Court) as External Independent Monitor(s) for the purpose of administration of this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractors accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with confidentiality.



(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder / contractor to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

(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 offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.



Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

----------------------------- -----------------------------For the Principal For the Bidder/Contractor

Place…………………………….. Witness 1: ……………………

Date……………………………… Witness 2: …………………..



ANNEXURE-I

EXCEPTION AND DEVIATIONS STATEMENT

S.NO. PAGE NO. OF TENDER DOCUMENT

CLAUSE NO. SUBJECT DEVIATIONS

Bidder shall list all the deviations in the following given format only on their Letterhead. The Deviation sheet should be submitted along with Un-priced Bid.

In case no deviation sheet is submitted along with un-priced bid, it would be concluded that bidder has accepted all specifications, terms and conditions.



ANNEXURE-JPARENT COMPANY GUARANTEE

This GUARANTEE (“Guarantee”) is issued on the _____ day of ______ , ___ by _______________________, a Company organized and existing under the laws

of ___________ having its Registered Office at ___________________________ (hereinafter referred to as “Guarantor” and/or “__________________”), at the

request and/or behest of _______________________, a Company organized and existing under the laws of _________________ having its Registered Office at

____________________ (hereinafter referred to as “Indian arm”), in favour of Hindustan Petroleum Corporation Limited, a listed Public Limited Company

organized under the laws of India having its Registered Office at Petroleum House, 17, Jamshedji Tata Road, Churchgate, Mumbai – 400 020 (hereinafter referred

to as “Beneficiary” or “HPCL”).

WHEREAS:The Beneficiary floated a global tender dated __________ inviting offers from Vendors for ________________(purpose). The Indian arm have submitted their

quotation dated _________ and advised the Beneficiary that the Indian arm is the subsidiary/ authorized agent/ branch office/ affiliate* of the Guarantor. The

Guarantor vide its letter dated __________ informed the Beneficiary that its Indian arm, will quote and participate in the tender in their place and desire that the

contract be placed by the Beneficiary on the Indian arm. For this reason, the Guarantor is ready and willing to give a Parent Company Guarantee (PCG) inter alia

for the performance of their Indian arm to the terms and conditions of the tender and on failure to assume the said obligations.

.

We, the Guarantor are hereby recording the terms and conditions governing our obligations under this Guarantee with the intent of being legally bound by the same

and hereby agree, covenant and bind ourselves as follows:-

1. The Guarantor hereby irrevocably and unconditionally guarantees to HPCL that its wholly owned Indian arm Company will perform its obligations under the

terms and conditions of the tender, if the contract is being awarded to them in future for ___________ and agrees to provide further comfort letters/

guarantees, if so desired by beneficiary, in terms of the tender.

2. The Guarantor unconditionally and irrevocably guarantees to the Beneficiary that it will make available or cause to be made available to the Indian arm all

financial, technical and other resources required to ensure that the Indian arm can carry out its obligations as per the tender terms and conditions and that



the Indian arm at all times fully and effectively discharge its obligations under the terms and conditions of tender, including by discharging the obligations

within the time and cost so stipulated.

3. The Guarantor hereby agrees that if the Indian arm shall in any respect commit any breach or fails to fulfill any of the terms of the Contract/Tender or

complete it in all respects or if there is a failure to make any supplies or if any material, equipment or machinery under the contract so supplied is not of the

required specifications or does not perform as envisaged under the contract, then the Guarantor will forthwith perform the same and fulfill all the obligations

required under tender terms & conditions on behalf of their Indian arm, without any extra cost and time implications.

4. The Guarantor further undertakes to indemnify all losses, damages, expenses, claims, costs and proceedings which may be suffered or incurred by

Beneficiary due to the failure or breach on the part of its Indian arm Company.

5. The Guarantor assures and undertakes that during the term of the contract or of any guarantee for performance as per the contract, the Indian arm shall

continue to be the subsidiary/ authorized agent/ branch office/ affiliate* of the Guarantor and the Guarantor’s liability shall not be affected due to any

incapacity or lack of power or legal personality or change in the status of the Indian arm or the Guarantor.

6. The Guarantor’s liabilities under this Guarantee shall not exceed the liability of the Indian arm under the tender terms and conditions but this shall in any

manner not affect the Guarantor’s own responsibilities and liabilities under the Guarantee.

7. The obligation of the Guarantor shall take effect from the date of this Guarantee and shall remain in full force until all the obligations of the Indian arm have

been fully performed and discharged and/or all sums of money payable to Beneficiary have been fully paid under the contract being entered into by

Beneficiary with the Indian arm Company. The Guarantor further undertakes to perform forthwith without insisting on any proof of breach of Contract by its

Indian arm Company and purely relying on Beneficiary’ s written demand.

8. The liabilities of the Guarantor shall not be discharged, diminished or otherwise affected by:-

(a) Any change in the Articles of Association or Bye-Laws or constitution of the Indian arm Company or the Guarantor.

(b) Any time, indulgence, waiver or consent given to Indian arm Company by the Beneficiary.



(c) Any amendment to the Contract or any security or other guarantee or indemnity to which Indian arm Company has agreed.

(d) The dissolution, amalgamation, reconstruction or reorganization of Indian arm Company or Guarantor.

9. NOTICE:

Any notice, demand, declaration or other communication to be given by the Beneficiary or the Guarantor to the other shall be in writing, in English language

and delivered in person or by Air Mail or by Courier Services or by Facsimile or by E-Mail to the address given below :-

For Guarantor

Attention of

Mailing Address

Email Address

Fax No.

For Beneficiary

Attention of

Mailing Address

Email Address

Fax No.

10. GOVERNING LAW AND JURISDICTION:

This Guarantee shall be exclusively governed by and construed in accordance with the laws of India without giving effect to the principles of conflict of laws

therein. No party shall take a plea that any forum is inconvenient. It may be enforced in terms of the Indian laws.

11. DISPUTE RESOLUTION 99 of 112 Sign & Stamp of Bidder


Any dispute arising out of or in relation to this Guarantee shall be resolved by arbitration of a sole arbitrator to be appointed as per the rules set out in the

tender document.

12. This Guarantee may be executed in one or more counterparts, all of which shall be read and construed as one document and any fax copy or scanned

copy or print of a scanned copy of a signed Guarantee shall be deemed to be an original signature.

13. No modification, alteration or amendment of this Guarantee or any of its terms or provisions shall be valid or legally binding unless the Beneficiary consents

to the same in writing.

14. No failure to take any action with respect to a breach of this Guarantee or a default by any other party shall constitute a waiver of the Beneficiary’s right to

enforce any provision of this Guarantee or to take action with respect to such breach or default or any subsequent breach or default.

15. Waiver of any breach or failure to comply with any provisions of this Guarantee shall not be construed as, or constitute, a continuing waiver of such

provision, or a waiver of any other breach of or failure to comply with any other provision of this Guarantee, unless any such waiver has been consented to

by the concerned party in writing.

16. This document has been executed by a duly authorized signatory on behalf of the Guarantor having the



requisite power to do so.

IN WITNESS WHEEOF the Guarantor has duly executed this Guarantee as at the date first above written.

For and on behalf of Guarantor, __________________________ Witness

(Signature) Signature :Name :Designation :Date :

Note:* Strike off that which is not applicable and retain the correct relationship between Guarantor and Indian arm.



Chapter-9

Technical Specifications

TECHNICAL SPECIFICATION / REQUIREMENTS:

SPECIFICATION FOR CORROSION INHIBITOR FOR DOPING INTO ETHANOL:

Sr.no Test conducted Method Results1 Appearance Visual Pass Clear liquid

2 Colour Visual Yellowish to Brownish

3 Specific Gravity@ 15.6 Deg ASTM D 1298

0.97 to 1.00

4 Kinematic Viscosity @ 40 Deg(Cst)

ASTM D 445 20-90

5 Flash Point ASTM D 92 Minimum 90 Deg C

6 Copper strip corrosion @ 100 Deg C for 3 hours

ASTM D 130 1 max

7 Spectroscopic Examination IR/FTIR SHOULD CONFORM TO STANDARD SPECTRA



CHAPTER 10-AENVELOPE I

Annexure I - UNPRICED BID FORMAT FOR INDIAN BIDDERS (TAX SHEET )

Sr. N

o.

Description

Uni

t

Tot

al Q

uant

ity

Exc

ise

Dut

y %

Ces

s on

Exc

ise

Dut

y %

VA

T/ C

ST w

ithou

t C fo

rm (P

leas

e qu

ote

and

men

tion

whe

ther

VA

T/C

ST) %

Frei

ght o

n do

or d

eliv

ery

basi

s inc

lusi

ve

of S

ervi

ce T

ax %

Tra

nsit

Insu

ranc

e C

harg

es %

Oct

roi (

Quo

te if

app

licab

le) %

Serv

ice

Cha

rge

incl

usiv

e o

f edu

catio

n ce

ss fo

r su

perv

isio

n of

inst

alla

tion

Any Other Charges for Door-delivery of goods/services

(Pls

Spe

cify

)

(Pls

Spe

cify

)

(Pls

Spe

cify

)

1 Supply of Corrosion Inhibitor Ethenol Kilogram 32000



Notes : NO CONDITION SHOULD BE MENTIONED ON PRICE BID.The evaluation of bids shall be on lowest delivered cost basis for each item as per the evaluation methodology defined in the tender:.

DETAILS OF BUILT-IN CIF VALUE OF IMPORT CONTENT, ITEM DETAILS OF IMPORT CONTENT AND RATES OF IMPORTS DUTY CONSIDERED AND INCLUDED IN QUOTED FOT DESPATCH POINT PRICES UNDER PRICE SCHEDULE. All inspection charges shall be included in the basic price

Custom Duty Details in case of Built-in CIF value of Import Content which is included in FOT Despatch Point price

Custom Tariff No

Basic Custom Duty (%)

CVD (%) + EduCess on CVD (%) Total Duty (%) Edu. Cess on Total

Custom Duty (%)

1. The Un-priced price schedule (submitted along with Un-priced Bids with prices blanked out) should contain the words Quoted or Not Quoted or Not Applicable against each item. Bidder shall mandatorily quote for all items for a particular location in-case of part Bid.


3. Bidder to indicate all Taxes and Duties in Percentage in Un-priced Bid. The application of the taxes & duties shall be as per enclosure.

Important Notes:

1) Please indicate the exact charges applicable as on the date of submission of bids in % terms clearly. DO NOTspecify “At Actual”, “by HPCL” etc.



2) It is the responsibility of the bidder to ascertain the exact charges applicable towards various Duties & Taxes (including charges towards Octroi, entry tax etc. if any applicable) prevailing at the time of submission of bids. Only those charges that are mentioned above will be considered for evaluation, and Purchase Order will be processed accordingly on the L-1 bidder. No additional payments will be made for whatsoever reasons, other than statutory revisions.



5) The charges indicated above only will be considered for evaluation. In case any of the above mentioned charges have been indicated by you at any other place in the tender document or covering letter etc., and if there is any discrepancy between the two, then the lower of the two will be considered for evaluation and PO will be placed accordingly, in case of party becoming L-1.

UNLOADING: Please note that unloading will be in vendor’s scope

Various charges quoted above will be evaluated as mentioned in the table below (FOR Destination basis).

DESCRIPTION APPLICATION

Basic Price incl. TPI Not ApplicablePacking & Forwarding (P & F) Included in Basic PriceExcise Duty (ED) On (Basic Price + P & F)Sales Tax (ST) - VAT / CST On (Basic Price + P & F + ED)Freight On (Basic Price) ( To be same for each size irrespective of of location)Third Party Inspection (TPI) Included in Basic PriceTransit Insurance (TI) On (Basic Price)Octroi (wherever applicable) On (Basic Price + P & F + ED + ST + Freight + TPI + TI)



Service Tax will be applied on the charges quoted against Supervision of Installation & Commissioning jobs, if any mentioned in the tender.

CHAPTER 10-B ENVELOPE I

ANNEXURE II UNPRICED BID FORMAT – FOREIGN BIDDERS ( TAX SHEET ) THIS IS A CONFIRMATION THAT PRICED BID HAS BEEN SUBMITTED IN THE FOLLOWING FORMAT ONLY AND HENCE NO RATES

SHOULD BE QUOTED ON THIS SHEETItem No.

Description Qty. Unit Unit Price FOB port of Shipment (Currency)

Total Price FOB port of Shipment (Currency) Unit

Price x Qty

1 Supply of Corrosion Inhibitor Kilogram 32000 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

TAXES & DUTIES FOR FOREIGN BIDDERS



Description Rate in % Total Taxes / Duty Amount TPIA charges, in % xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxPacking and forwarding charges, in % xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxOcean freight from loading port to Mumbai/ Nhava Sheva, India,%

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Marine Insurance from port of shipment to port of entry, %

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Port/Landing charges in Indian Rupees, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxClearing charges in Indian Rupees, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxInland freight, inclusive of any other taxes, INR xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxInland Transit insurance per valve inclusive of any other tax or duty, INR

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Any other charges / duty (please specify)in % xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Any other charges / duty (please specify) in % xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Notes: NO CONDITION SHOULD BE MENTIONED ON PRICE BID.

The evaluation of bids shall be on lowest delivered cost basis for each item as per the evaluation methodology defined in the tender:.

1. The Un-priced price schedule (submitted along with Un-priced Bids with prices blanked out) should contain the words Quoted or Not Quoted or Not Applicable against each item. Bidder shall mandatorily quote for all items for a particular location in-case of part Bid.


3. Bidder to indicate all Taxes and Duties in Percentage in Un-priced Bid. The application of the taxes & duties shall be as per enclosure.

4. Vendor to quote in US $ OR in the currency of country of origin.

5. Port of Entry in India would be Navasheva Port JNPT, Mumbai.



CHAPTER X-CENVELOPE II

ANNEXURE III - PRICED BID FORMAT – INDIAN BIDDERS

Sr. N

o.

Description

Uni

t of

mea

sure

men

t

Tot

al Q

uant

ity

Uni

t Pri

ce o

n FO

T D

espa

tch

poin

t bas

is

incl

udin

g oc

troi

& fr

eigh

t (in

Rs.)

Tot

al P

rice

on

FOT

Des

patc

h po

int b

asis

in

clud

ing

TPI

, Pac

king

& F

orw

ardi

ng (i

n R

s.)

Uni

t Pri

ce x

Qua

ntity

CIF

Val

ue o

f Im

port

Con

tent

incl

uded

in F

OT

D

espa

tch

poin

t pri

ce (i

n R

s.)

Dom

estic

Val

ue A

dditi

on in

Per

cent

age

(%)

A B C=(AxB)




DETAILS OF BUILT-IN CIF VALUE OF IMPORT CONTENT, ITEM DETAILS OF IMPORT CONTENT AND RATES OF IMPORTS DUTY CONSIDERED AND INCLUDED IN QUOTED FOT DESPATCH POINT PRICES UNDER PRICE SCHEDULECustom Duty Details in case of Built-in CIF value of Import Content which is included in FOT Despatch Point price

Custom Tariff No Basic Custom Duty (%) CVD (%) + EduCess on

CVD(%) Total Duty (%)Edu. Cess on Total Custom

Duty (%)

Notes : NO CONDITION SHOULD BE MENTIONED ON PRICE BID.

The evaluation of bids shall be on overall lowest delivered cost basis for each location as per the evaluation methodology defined in the tender:.

1. Details of goods are as per Material Requisition.2. The quoted prices shall be deemed to include bidder’s entire scope of work and all obligations and responsibilities, as mentioned in Material Requisition and RFQ documents, irrespective of whether the same are specifically covered in the “Description” under above price schedule or not.3. Bidder’s quoted supply prices for each item shall be inclusive of prices for commissioning spares. Bidder to furnish in the separate sheet, list of commissioning spares included in the quoted prices. Any erection & commissioning spares not used during the erection & commissioning, will be the property of the owner and the vendor will not be allowed to take back the unused erection & commissioning spares.4. The quoted prices shall be include submission of all drawings, documentation, inspection and testing charges etc. requirements as specified in the MR.5. Bidder must furnish in the separate sheet the break-up of prices for recommended two year operation spares along with recommended quantity, unit rates and total prices.6. The destination of item is specified in MR. Firm freight charges all be quoted for road transportation of goods from Seller’s dispatch point up to store destination.7. In case of discrepancy between unit price and total price, the unit price shall prevail.



8. Discounts, if any, must be offered item wise only. Conditional discount, if offered, shall not be considered for evaluation.9. Erasing, over writing, cutting, etc. in the price schedule format shall make the offer liable for rejection.10. In case of change in quantity (Increase / Decrease), all quoted lump sum charges shall be applicable on prorata basis for the changed quantities.11. Bidder shall quoted their rates for supervision price schedule for normal working days, strictly in accordance with the enclosed Terms & conditionsfor Supervision of erection, testing & commissioning given under Chapter – 1.12. The Un-priced price schedule (submitted along with Un-priced Bids with prices blanked out) should contain the words Quoted or Not Quoted or Not Applicable against each item. Bidder shall mandatorily quote for all items for a particular location in-case of part Bid.

Important Notes:

1) Please indicate the exact charges applicable as on the date of submission of bids in % terms clearly. DO NOTspecify “At Actual”, “by HPCL” etc. 2) It is the responsibility of the bidder to ascertain the exact charges applicable towards various Duties & Taxes (including charges towards Octroi,

entry tax etc. if any applicable) prevailing at the time of submission of bids. Only those charges that are mentioned above will be considered for evaluation, and Purchase Order will be processed accordingly on the L-1 bidder. No additional payments will be made for whatsoever reasons, other than statutory revisions.



5) The charges indicated above only will be considered for evaluation. In case any of the above mentioned charges have been indicated by you at any other place in the tender document or covering letter etc., and if there is any discrepancy between the two, then the lower of the two will be considered for evaluation and PO will be placed accordingly, in case of party becoming L-1.

Various charges quoted above will be evaluated as mentioned in the table below (FOR Destination basis).

DESCRIPTION APPLICATION

Basic Price incl. TPI Not ApplicablePacking & Forwarding (P & F) Included in Basic PriceExcise Duty (ED) On (Basic Price + P & F)Sales Tax (ST) - VAT / CST On (Basic Price + P & F + ED)Freight On (Basic Price)



Third Party Inspection (TPI) Included in Basic PriceTransit Insurance (TI) On (Basic Price)Octroi (wherever applicable) On (Basic Price + P & F + ED + ST + Freight + TPI + TI)Service Tax will be applied on the charges quoted against Supervision of Installation & Commissioning jobs, if any mentioned in the tender.

CHAPTER 10- DENVELOPE II

ANNEXURE IV - PRICED BID FORMAT – FOREIGN BIDDERS

Sr. N

o.it

Description Uni

t

Tot

al Q

uant

ity

Uni

t Pri

ce F

OB

por

t of

Ship

men

t (C

urre

ncy)

Tot

al P

rice

FO

B p

ort o

f Sh

ipm

ent (

Cur

renc

y) U

nit

Pric

e x

Qua

ntity

A B C=(AxB)


Notes:NO CONDITION SHOULD BE MENTIONED ON PRICE BID.

The evaluation of bids shall be on overall lowest delivered cost basis for each location as per the evaluation methodology defined in the tender:.

1. Details of goods are as per Material Requisition.



2. Quoted F.O.B. Port of Shipment price shall include storage charges, forwarding, taxes, duties and all other charges upto FOB port of International shipment.Port of Entry in India would be Navasheva Port JNPT, Mumbai.

3. Bidder’s quoted prices shall be deemed to include bidder’s entire scope of work and all obligations and responsibilities, as mentioned in Material Requisition and RFQ documents, irrespective of whether the same are specifically covered in the “Description” under above price schedule or not.4. Bidder’s quoted supply prices for each item shall be inclusive of prices for commissioning spares. Bidder to furnish in the separate sheet, list ofcommissioning spares included in the quoted prices. Any erection & commissioning spares not used during the erection & commissioning, will be theproperty of the owner and the vendor will not be allowed to take back the unused erection & commissioning spares.6. The quoted prices shall be include submission of all drawings, documentation, inspection and testing charges etc. requirements as specified in the MR.7. Bidder must furnish in the separate sheet the break-up of prices for recommended two year operation spares along with recommended quantity, unit rates and total prices.8. In case of discrepancy between unit price and total price, the unit price shall prevail.9. Discounts, if any, must be offered item-wise only. Conditional discount, if offered, shall not be considered for evaluation.10. The Unpriced price schedule (submitted along with Unpriced bid with prices blanked out) should contain the words ‘Quoted’ or ‘Not quoted’ or “NotApplicable” against each item.11. Erasing, over writing, cutting, etc. in the price schedule format shall make the offer liable for rejection.12. Bidder shall quoted their rates for supervision price schedule for normal working days, strictly in accordance with the enclosed Terms & conditionsfor Supervision of erection, testing & commissioning given under Chapter – 1.13. In case of change in quantity (Increase / Decrease), all quoted lump sum charges shall be applicable on prorata basis for the changed quantities.14. Foreign bidder shall quote their prices in US$ or in the currency of country of origin.
