HINDUSTAN PETROLEUM CORPORATION LTD -...

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SIGNATURE & SEAL OF THE TENDERER 1 HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2 ND FLOOR, HINDUSTAN BHAVAN, 8,SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637280 FAX No : 91 – 22 – 22612944/ 22610610 TENDER NO. 9000271-HD-14001 SUBJECT TRANSPORTATION OF PACKED LUBES IN CONTAINERS BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS FROM MUMBAI (INCLUDING SURROUNDING AREAS) AND KOLKATA (INCLUDING SURROUNDING AREAS) TO LOCATIONS AS PER ATTACHMENT 10. DUE DATE & TIME 22.06.2010 @ 11. 00 HRS CONTRACT PERIOD ONE YEAR FROM THE DATE OF LOI WITH AN OPTION FOR EXTENSION BY ONE MORE YEAR AT HPCL’S DISCRETION ON SAME RATE, TERMS & CONDITIONS EARNEST MONEY DEPOSIT RUPEES FIVE LAKHS (Rs. 5,00,000.00) INDEX OF CONTENTS Covering letter ( PQ) Attachment 1 Scope of Job TO BE SUBMITTED ALONGWITH THE UNPRICED BID SEALED ENVELOPE Attachment 2 Special Terms and conditions Attachment 3 General Terms & Conditions Attachment 4 Details of Tenderer Attachment 5 A,B,C,D Declaration by Tenderer Attachment 6 Transport Contract Attachment 7 Indemnity Bond Attachment 8 Format of BG for EMD. Attachment 9 Locationwise requirement Attachment 10 Format for Power of Attorney Attachment 11 Attested copy of Caste Certificate Attachment 12 Experience certificate Attachment 13 Transport Discipline Guidelines Attachment 14 Integrity Pact Attachment 15(A to D) Sectorwisewise & Container Categorywise Price Bids (Rate Schedule) TO BE SUBMITTED IN SEALED ENVELOPE

Transcript of HINDUSTAN PETROLEUM CORPORATION LTD -...

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HINDUSTAN PETROLEUM CORPORATION LTD

DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8,SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637280 FAX No : 91 – 22 – 22612944/ 22610610

TENDER NO. 9000271-HD-14001

SUBJECT

TRANSPORTATION OF PACKED LUBES IN CONTAINERS BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS FROM MUMBAI (INCLUDING SURROUNDING AREAS) AND KOLKATA (INCLUDING SURROUNDING AREAS) TO LOCATIONS AS PER ATTACHMENT 10.

DUE DATE & TIME 22.06.2010 @ 11. 00 HRS

CONTRACT PERIOD ONE YEAR FROM THE DATE OF LOI WITH AN OPTION FOR EXTENSION BY ONE MORE YEAR AT HPCL’S DISCRETION ON SAME RATE, TERMS & CONDITIONS

EARNEST MONEY DEPOSIT RUPEES FIVE LAKHS (Rs. 5,00,000.00)

INDEX OF CONTENTS

Covering letter ( PQ) Attachment 1 Scope of Job

TO BE SUBMITTED ALONGWITH THE

UNPRICED BID SEALED ENVELOPE

Attachment 2 Special Terms and conditions Attachment 3 General Terms & Conditions Attachment 4 Details of Tenderer Attachment 5 A,B,C,D Declaration by Tenderer Attachment 6 Transport Contract Attachment 7 Indemnity Bond Attachment 8 Format of BG for EMD. Attachment 9 Locationwise requirement Attachment 10 Format for Power of Attorney Attachment 11 Attested copy of Caste Certificate Attachment 12 Experience certificate Attachment 13 Transport Discipline Guidelines Attachment 14 Integrity Pact

Attachment 15(A to D) Sectorwisewise & Container Categorywise Price Bids (Rate Schedule)

TO BE SUBMITTED IN SEALED ENVELOPE

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HINDUSTAN PETROLEUM CORPORATION LTD

DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8, SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637224 FAX No : 91 – 22 – 22612944

COVERING LETTER

18.05.2010

PUBLIC TENDER DOCUMENT (2 BID SYSTEM)

Dear Sir, Sealed tenders are invited from experienced and competent Transporters/Logistic Companies under two-bid system (Priced & Un-priced) for transportation of Packed Lubes in containers by Multi-Modal route ie Rail+Road ex- HPCL’s Plants/Repackers/Warehosues/Depots located at Mumbai, Navi Mumbai, Taloja & Bhiwandi and from HPCL’S Kolkata terminals to receiving locations as listed in Attachment 10. Detailed scope of job is as elaborated in Attachment 1. The Term “Transporter” includes Transporters, Logistic Companies and/or any other registered entity which meets pre-qualification criteria and which wishes to participate/ bid in this Tender. The Term “HPC” and/or “HPCL” refers to Hindustan Petroleum Corporation Limited. Transporters are requested to quote in the schedule of rates attached hereto. PRE-QUALIFICATION CRITERIA Tenderers who fulfill the following Minimum Qualifying Criteria may submit their bids against this tender:

TENDER NO. 9000271-HD-14001

SUBJECT

TRANSPORTATION OF PACKED LUBES IN CONTAINER BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS FROM MUMBAI AND KOLKATA TO LOCATIONS AS PER ATTACHMENT 10.

DUE DATE & TIME

22.06.2010 @ 11.00 HRS

CONTRACT PERIOD ONE YEAR FROM THE DATE OF LOI WITH AN OPTION FOR EXTENSION BY ONE MORE YEAR AT HPCL’S DISCRETION ON SAME RATE, TERMS & CONDITIONS

EARNEST MONEY DEPOSIT

RUPEES FIVE LAKHS (Rs. 5,00,000.00)

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1. Average Annual Financial Turnover during last 3 years ending 31st March 2010

should be at least Rs. 420 Lakhs. Please submit balance sheet or Income Tax Return or Assessment duly certified by Chartered Accountant as proof for Financial years 2007-08, 2008-09, 2009-10.

2. The tenderers should have minimum 3 (Three) years experience in packed transportation in private or PSU Companies. (Bidder to attach experience certificate from the concerned companies /copies of invoices/ completion certificate /TDS certificate as proof).

3. The Transporter should produce proof of his having transported packed

goods in full containers through a container train in previous twelve months. OTHER CRITERIA:

4. 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. 5. “Affiliate” of a Party shall mean any company or legal entity which:

i. controls either directly or indirectly a Party, or ii. which is controlled directly or indirectly by a Party; or iii. 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.

Bids may be submitted by:

i. a single person/ entity (called sole bidder); ii. a newly formed incorporated joint venture (JV) which has not completed 3

financial years from the date of commencement of business; iii. a consortium (including an unincorporated JV) having a maximum of 3

(three) members; iv. an Indian arm of a foreign company.

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

a) The sole bidder (including an incorporated JV which has completed 3 financial years after date of commencement of business) shall fulfill 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

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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: a. Each member in a consortium may only be a legal entity and not an

individual person; b. the Bid shall specifically identify and describe each member of the

consortium; c. 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);

d. One participant member of the consortium shall be identified as the “ member” and contracting entity for the consortium;

e. 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;

f. the prime member shall fulfill each eligibility criteria; g. 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’ 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;

h. 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.

i. 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.

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

a sole bidder or as a consortium only; l. Any person or entity can bid either singly or as a member of only one

consortium.

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J 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 fulfill 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.

Bidders who do not meet the above Pre qualification criteria will be rejected. In addition to the above PQ criteria, tenderers may note the following:

The Integrity Pact will form part of this contract / supply order.

Proforma of Integrity Pact (which is issued along with the bidding document) shall be returned by the bidder along with technical bid, duly signed by the same signatory who signs the bid i.e. who is duly authorized to sign the bid. All the pages of the Integrity Pact shall be duly signed by the same signatory. Bidder’s failure to return the Integrity Pact along with the bid, duly signed, shall lead to outright rejection of such bid. If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact, HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMD/Bid security (Bid Bond) as per provisions of Integrity Pact.

If the contract has been terminated according to provisions of the Integrity Pact,

or if HPCL is entitled to terminate the contract according to provisions of Integrity Pact, HPCL shall be entitled to demand and recover from the Contractor liquidated damages amount by forfeiting the Performance Bank Guarantee / Security Deposit as per Integrity Pact.

7. RESERVATION : (a) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half

percent) for Schedule Caste (SC) and Scheduled Tribes (ST) respectively on all India basis.

(b) The members of SC/ ST desirous of offering the Container will have to participate in the tenders floated by the Oil Company.

(c) The SC/ST members should fulfill all tender conditions, and will not be eligible for any price preference or relaxation of standards.

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(d) If adequate numbers of Container offered by SC/ ST tenderers are not available in any particular year, the unfilled quota may be allotted to the unreserved categories in that year. However the unfilled quota may be carried forward to the next Tender also and offered to SC/ST candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories.

(e) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. or a Cooperative Society, or any other, should have all the partners or members of private / Public / Cooperative firms belonging to the same category without exception, i.e. either SC or ST as the case may be.

(f) Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm should be enclosed as proof along with the Technical bid.

(g) In the event of any of the members failing to submit the caste certificate as proof of belonging to SC/ ST category, the tender will be treated as a general category tender.

(h) The registered owner/s of the Container offered by the SC or ST tenderer/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the tenderer is issued LOI/ Work Order under SC category, all the registered owners of the Container offered against the particular LOI/ Work Order must also belong to SC.

(i) If any of the Container offered do not belong to a member of the category concerned, i.e. SC or ST, as the case may be the tender will be treated as under general category.

8. RELATIVES :(as per list enclosed) of officer/s responsible for award and execution of this contract in the Oil Company are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the Oil Company or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderer’s part entitling the Oil Company to all rights and remedies available thereof including termination of contract. 9. EARNEST MONEY DEPOSIT : Rs. 5 Lakhs (Rupees Five Lakhs Only ) by Demand Draft drawn on any Nationalised / Scheduled bank (other than co-operative) in favour of Hindustan Petroleum Corporation Ltd payable at Mumbai or Bank Guarantee (Format enclosed) drawn by any Nationalised/ Scheduled bank (other than cooperative banks) should be submitted along with un-priced bids. Offers received without EMD will not be considered. Quotations to be submitted in a separate sealed envelopes for Priced and Unpriced bids duly superscribed with tender number, subject & due date. Envelopes containing Unpriced and Priced Bids duly signed and sealed are to be placed in one common envelope should be dropped in “Tender Box” marked as “Direct Sales” kept on the ground floor at the office of Hindustan Petroleum Corporation Limited, Hindustan Bhawan, 2nd Floor, 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001 by due date.

The various documents to be attached (duly signed and stamped by the tenderers) along with your tender as per Index of Contents given below:

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The tenderer should sign and stamp each and every page of the tender documents as well as supporting documents submitted with the offer. The supporting documents should be serially numbered and total number of pages submitted should be indicated in the covering letter. Tender to be submitted in following manner.

General Terms & Conditions

TO BE SUBMITTED

ALONGWITH THE

UNPRICED BID SEALED ENVELOPE

Page no. Tenderer details Page no. Declaration of the tenderer Page no. Special Terms and conditions Page no. Transport Contract Page no. Indemnity Bond Page no. BG for EMD. Page no. Details of Location & Quantity Page no. Power of Attorney Page no. Attested copy of Caste Certificate

Page no.

Experience certificate Page no. Transport Discipline Guidelines Page no. Integrity Pact Page no.

Sectorwisewise & Container Categorywise Price Bids (Rate Schedule)

TO BE SUBMITTED IN SEALED ENVELOPE

Page no.

The rates as finalized under this Contract will be applicable ex- supply point any other HPC Plants/ Repackers/warehouses/depots in Mumbai (incl. Navi Mumbai, Taloja & Bhiwandi) and Kolkata (Budge Budge/ Ramnagar) for transportation of packed lubes thru rail + road in containers during the pendency of the contract at the sole discretion of HPCL. Please submit your tenders on or before due date and time to Sr. Manager – Procurement (Direct Sales SBU), Hindustan Petroleum Corporation, Limited, Hindustan Bhawan, 2nd Floor, 8, Shoorji Vallabhdas Road, Ballard Estate, Mumbai - 400 001, India. The UNPRICED Bids will be opened in the presence of attending tenderers at 11:30 Hrs on the due date. The offers received without EMD along with unpriced bid, will be rejected. HPCL team will scrutinize the documents submitted by the vendor. Vendors, who do not meet the pre qualification criteria, will be rejected. Tenders not in conformity with tender terms and conditions will be rejected. This tender is covered by the Grievance redressal mechanism which is published at HPCL website: www.hindustanpetroleum.com. The bidder is required to put his seal and sign on each and every page of the Tender document and submit the same. The bidder, if awarded Contract, will be required to submit Security Deposit, Indemnity Bond, Transport contract agreement on Non-judicial Stamp Paper of requisite value after issuance of LOI.

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Whenever there is duplication of clause either in the terms and conditions or in the Agreement, such duplicated clause, as interpreted by HPCL Management will be considered final and binding on the bidder in case of any dispute. For information regarding the tender, the following persons may be contacted:

Related to the scope of the tender : Ms Aruna Moorthy

Manager-Lube Distribution Tel No: 022 – 22637210

Related to tender finalisation : Ms Maya M Naik Manager – Purchase DSBU

Tel No.: 022 – 22637211 PRE-BID MEETING Pre-Bid Meeting for subject Tender will be held on 02/06/2010 at 15.00 hrs HPCL’s Office at Hindustan Bhawan, 2nd Floor, 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001 during which Transporters queries will be answered by concerned HPCL Officers. Interested Transporters are requested to attend the Pre-Bid Meeting. Late Tenders / delayed Tenders received after the due date or extended due date and time, because of any reason including postal delay, will not be considered. HPCL reserves the right to reject any offer in part or full without assigning any reason whatsoever. Thanking you,

Very truly yours

H. Padmanabhan Sr Manager – Procurement DSBU

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Attachment 1

SCOPE OF JOB:

Following are the four sectors wherein multimodal transportation is required:

(i) Mumbai-Delhi (ii) Mumbai-Kolkata (iii) Mumbai-Chennai (iv) Kolkata-Delhi

Transporters are expected to place containers by road at following dispatch locations: Mumbai Disptach locations:

1. Mazagaon/Sewree 2. Navi Mumbai 3. Bhiwandi 4. Taloja

Kolkatta Dispatch locations:

1. Budge Budge 2. Ramnagar

Following are the receiving locations Rail sector Receiving locations

• Mumbai to Delhi Shakurbasti & Gurgaon • Mumbai to Kolkata Budge Budge & Ramnagar • Mumbai to Chennai Chennai Terminal • Kolkata to Delhi Shakurbasti/Gurgaon

Addresses of dispatch locations are as under: Mazgoan Terminal : HPCL, Mazgaon Terminal, Lube Plant I & II Heybunder Road, Mumbai – 400 033 Maharashtra. Sewree Terminal : HPCL, Sewree Terminal I & II, Sewree Port Road, Sewree (E), Mumbai 400 015, Maharashtra. Navi Mumbai : 1. M/S CREST PACKAGING, C-408. T.T.C IND. AREA,MIDC, PAWNE , NAVI MUMBAI 400705.

2. M/S SARBI PETROILEUM & CHEMICALS, PLOT - D MIDC, TTC INDL. AREA,NERUL NEW MUMBAI - 400706.

Taloja: M/S STANDIPACK.W-180 C, MIDC, TALOJA, DIST. RAIGAD - 410208. Bhiwandi: M/S SURAKSHA PACKNSEAL PVT. LTD.,ARIHANT COMPOUND,BLDG. NO. 26/C,GATE NO. - 4/5/6, THANE BHIWANDI RD,PURNE VILLAGE, THANE – 421 302. Addresses of receiving locations are as under:

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Shakurbasti - HPCL, Shakurbasti Terminal, New Rohtak Road, New Delhi-110056 Gurgaon – Lube Warehouse, C/o M/s DRS Logistics, Dharuhera, Gurgaon Budge Budge - HPCL Budge Budge Terminal, 1, Graham Road, 24 Pargana (S), West Bengal - 700 137 Ramnagar - HPCL Ramnagar Terminal, 1, Harimohan Ghosh Road, Garden Reach, West Bengal 700 137 Chennai - HPCL – Chennai Terminal, Tondiarpet, 98/99, Ellaya Mudali Street, Chennai 600013

The Transporter is required to place his Containers at Locations in Mumbai & Kolkata in Container as directed by HPC, which will be loaded with packed lubricants in assorted packages like barrels/buckets/cartons etc. Transporter will have to transport the same Container to HPCL’s receiving location. The cost of placement of Container, Stacking of Packed Lubes inside the Container, Road & Rail Transportation etc. will be borne by the Transporter. List of Dispatch & Receiving Locations has been given above. The same container that is loaded at HPCL’s dispatch location must be received at HPCL’s destination location. It may be noted that for any particular sector and particular slab of Payload, same rate will be paid by HPCL to the Transporter irrespective of loading Base or receiving location ie for Mumbai-Delhi Sector and say Category I type of Payload, same rate will be paid irrespective of whether the Container is loaded at Vashi or Bhiwandi and whether the same is unloaded at Gurgaon or Shakurbasti. Unloading at receiving location will be arranged by HPCL. Loading inside Container at dispatch location to be arranged by the transporter. Transporter should deliver the material within reasonable time and in good condition as was handed over by HPCL and it should be ensured that no in-transit losses are encountered. Transporter to ensure that no leaky/ damaged packages are loaded inside his container. Following is the expected receiving timeframe (Point to Point) at respective receiving locations ie reasonable time between date of loading at Dispatch location and date of receipt at receiving location. The transporter, however, should strive for fastest delivery of material at HPCL’s receiving locations : Mumbai to Delhi – 8 days, Mumbai to Kolkata – 10 days, Mumbai to Chennai - 7 days, Kolkata to Delhi - 8 days

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After handing over the material to the Transporter, he should advise HPCL the distance travelled and current status of the goods dispatched and scheduled reaching time at HPCL’s destination. The Volume of Business mentioned in this document is only indicative. HPCL does not guarantee either minimum business or uniformity in award of business from month to month. It should be specifically understood that the mode of Transportation for HPCL’s goods i.e Road or Multi-Modal or any other mode is totally at HPCL’s discretion and Transporter will not have any objection for the same. The In-Transit risk for loss & damage to HPCL’s material will be entirely on Transporter’s account. Loss to HPCL due to shortage/ damage to the HPCL’s material and/ or unreasonable delays will be debited to the Transporter as per HPCL’s shortages & Delays policy stated elsewhere in Tender document. As mentioned earlier, there are four Sectors (routes) as below where HPCL is proposing to dispatch product thru multi-Modal Transport.

(i) Mumbai-Delhi (ii) Mumbai-Kolkata (iii) Mumbai-Chennai (iv) Kolkata-Delhi

Sectorwise Requirement : Business will be allotted to one transporter who is overall lowest in each sector. Thus one transporter will be appointed in following four sectors: 1. Mumbai-Delhi Sector 2. Mumbai-Kolkatta Sector 3. Mumbai-Chennai Sector 4. Kolkatta to Delhi Sector: (Illustration) Transporters are required to quote for one or more sectors as per following : (i) for point to point (ie from HPCL Despatch location to HPCL receiving location) total transportation cost (inclusive of all costs like placement of his Containers & Stacking and Strapping of HPC material at HPC Despatch location, Road transportation, Handling at Railway Yard, Railway Payments including freight/demurrage/ penalty if any for transportation from Despatch location to Receiving location, handling at receiving location Railway Yard, Road Transportation at receiving location upto HPC receiving location etc.) (ii) Rate to be quoted in Rs/Container for the Sector (say Mumbai-Delhi) for following three categories of load : 1. HPC material load upto 17.5 MT 2. HPC material load > 17.5 MT but < =23.5 MT

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3. HPC material load > 23.5 MT but less than 28 MT (iv) In any particular Sector, Bidders is required to quote for all three categories of payloads. If the bidder fails to quote for all the three categories of payload in any given sector, his bid is liable to be rejected. (V) It may however be explicitly noted that HPCL will evaluate the tender considering average lowest (L1) rate quoted by Bidders for each sector considering all three Payload Categories in that sector. Thus average of the rates quoted for a particular sector will be considered and Business will awarded to L1 party who is overall lowest in each sector as below : Say for Mumbai- Delhi Sector : BIDDER I

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Average for Bidder I (considered for Tender evaluation) : Rs 19000/Container Average for Bidder II (considered for Tender evaluation) : Rs 19166/Container Bidder I will be considered as overall lowest and hence L1 bidder The payment will be made only for weight of material loaded by HPCL as per HPCL Weight chart ie if weight of HPCL material as per HPCL weight chart is 20 MT and agreed rate for corresponding Category ie Category II in this case (Payload weight > 17 MT But < =23.5 MT) is Rs. 18000/Container; Transporter will be paid Rs 18000/- per Container (if there are no shortages, delays etc.). In other words, HPCL will not pay for weight of empty Container etc. Transporter to ensure that all statutory laws/ rules pertaining to Road and Rail Authorities are followed and responsibility of violation, if any, will be solely on the Transporters. Transporter should ensure that Containers placed by them meet

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requirements of all statutory authorities pertaining to Road Transport, Rail Transport etc. Transporter is required to send advice regarding schedule of Container Trains for next month to HPCL by end of every month. HPCL will advise the Transporter, the schedule for placement of empty Containers at its Dispatch Locations till three working days prior to scheduled departure of the Container Train. Transporter will have to ensure transportation of Containers thru Container Trains as per the immediately following scheduled departure date submitted to HPCL. The successful tenderer is required to accept additional share of business at the same finalized rates, if offered by HPCL, till one year from date of LOI / PO (extendable by another one year at HPCL’s discretion)

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Attachment 2 SPECIAL TERMS AND CONDITIONS

1. 1 Participation 1.1.1 Competent and Experienced Transporters/Logistic Companies owning adequate infrastructure eg Containers, Trucks etc. and meeting above-referred Pre-Qualification criteria can participate. They will have to transport their containers loaded on HPCL’s accounts from point to point on door delivery basis in sealed condition.

1.1.2 The tenderer should have minimum five containers either owned or leased by them (Company/Partners/Proprietors) or by their associate companies. Proof of ownership/containers taken on lease should be attached.

1.2.Type of Vehicles

The transport contract proposes to transport packed lubes in containers of carrying capacity of min 17.5 MT upto 28 MT . Transporters to obtain RTO, Railways & other statutory body approvals. The containers offered by the tenderer should conform to the statutory rules and regulations as promulgated or enforced by the State/Central Government/Local authorities/Railway authorities from time to time. The Containers internal arrangements may be modified so as to provide stopper of enough strength in order to hold the packed lubes intact. The truck offered shall be compatible for strapping / securing the goods.

1.3 Licence The transporter should either have Licence from Indian Railways in their name or in the name of their associate companies to operate container train or should have transported goods thru container train with an arrangement with another licenced operator of Indian Railways in previous twelve months. Copy of licence/arrangement issued by Indian Railways or arrangement with another licenced operator to be enclosed as proof. 2. SUGGESTED SPECIFICATION FOR CONTAINERS GENERAL: The Containers should be Dry Cargo Containers for Inland Transportation. They shall be transported on top of Truck/wagon platforms. The containers shall be lashed on to the truck/wagon platform at the bottom side rail. DOOR : Two leaf full open doors shall be provided on the rear end of the Container. The door shall be fabricated from 50 x 50 x 2.8mm RHS/ 2.0 mm formed steel sections for the door horizontal and verticals. The door cladding shall be 1.4 mm CR sheets corrugated for

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better strength. All the doors shall open and close freely up to 180 degree and shall remain open with stoppers. Each door shall be fitted with one locking device of an indigenous make. This locking device shall be similar to the imported ones but fabricated indigenously from pipes, rods and sheets. The door shall be hinged on to the door post through four numbers fabricated hinges with Nylon Bushes on each post. The hinge pins shall be of SS material. SIDE WALL / END WALL The Side / End walls shall be made out of corrugated CR sheets of 1.4 mm thickness. Corrugation profile shall be that of Tokyo Car suitable to withstand the loading conditions stipulated. Each side wall shall be provided with ventilators. Each side wall shall be provided with atleast 5 hooks at bottom & 5 hooks at the top. Hooks shall be placed parallel to each other on both the sides. ROOF Roof shall be made out of 1.4 mm CR sheets adequately stiffened with the help of Roof bows. FLOORING Flooring shall be flat, uniform & free from any protruded projections like nails etc. MATERIALS The materials used for this container are to be fit for operation at an ambient of + 50 degree C. All structural members must be from the range of materials available in the Indian Steel Market. Structural members comprising the bottom side rails, front and rear top and bottom cross members, floor support members, etc. shall be formed out of hot rolled steel sheets conforming to IS 1079. Steel sheet cladding on the sides, end and door shall be press formed out of 1.4 mm cold rolled sheets conforming to IS 513. The entire container structure shall be of welded construction using CO2 shielded arc welding process. PAINTING The container shall be in good painted condition. OTHER CONDITIONS PERTAINING TO CONTAINERS

� All the vehicles should be fitted with containers on their chassis with secure locking system. Refrigerated containers will not be permitted.

� The containers should have accessories and fitting like; the floorboard must have

19 mm / 28 mm marine ply / plank. The containers must be made of steel and outer body to be corrugated, and the locking device should be weld-on door locking.

� Containerised body should have metallic frame covered with metallic sheet and should be fit for loading packed lubricants with suitable type locking system.

� After loading the container at loading location, the container would be sealed by HPCL employee/representative and transported to Railway Yard by the

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transporter. This container will be connected to the train which will commence from the yard to shipping location yard thru train and then to our destination as listed in attachment 10 in sealed condition (door to door basis) Seals will be provided by HPCL at its own cost.

� The container to be positioned will have to be approved by the Corporation before use. The decision of the Corporation will be binding on the Carrier HPCL reserves the right to reject any Container placed by Transporter if it ts not suitable for loading.

� In case of failure to provide contracted number of container within the stipulated

time schedule, Corporation will have the right either to undertake adhoc transportation at risk and cost of defaulting transporter and/ or to forfeit the EMD/security deposit and to terminate the contract without reference to the transporter.

� All containers & vehicles offered and operated under this contract should meet all

statutory requirements of the concerned states from time to time. In case the containers offered by the tenderer are discontinued from service during the validity of the contract the tenderer is bound to replace such containers within 15 days of such occurrence.

� The Containers internal arrangements may be modified so as to provide

stopper of enough strength in order to hold the packed lubes intact.

� The container should have the provision for Barrier Bolt Seals, Container Locks to seal the Container.

� In case of unsealed delivery, the transporter will be held responsible for all losses,

shortage, and contamination. Loss and shortage as certified by the receiving Location-In-Charge.

� In case of accidents/fire, of the container, the responsibility for the total losses will

be entirely that of transporter.

� In case of any accident to the container, the transporter must lodge FIR and depute his representatives with in 24 hours at the site of accident to assess the situation. Copy of FIR must be submitted to HPCL.

� The in-transit shortages will be booked by HPCL as per Transport Contract Agreement.

� Installation will decide, define and improve the procedure for locking and sealing in respect of each container truck. And only after approval of Installation Officer, the container will be certified with full-proof locking/sealing arrangements.

WE HAVE STUDIED THE ABOVE TERMS AND CONDITIONS AND FULLY AGREE TO THE SAME. SIGNATURE :-________________________________ NAME :- ____________________________________ (Signed as Proprietor/Partner/Director) NAME & ADDRESS :- ________________________________

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ATTACHMENT - 3

GENERAL TENDER TERMS AND CONDITIONS

1.0 SUBMISSION OF TENDERS 1.1 Tenderers should submit one set of our Tender document (duly sealed and signed on all pages) and should be strictly in line with our terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender document shall be rejected. 1.2 Counter Terms and Conditions will not be accepted. Over Writing should be avoided. Corrections, if any, should be initialed by the tenderer. Please note that all Terms & Conditions enlisted in the Transport Agreement are applicable to the contract and are treated as a part of the General Terms & Conditions. 1.3 Tender terms and Conditions should be carefully studied. All the pages of the tender documents including draft contract form should be signed and rubber stamped as a token of your acceptance and submitted to us in the manner indicated above. 1.4 Your quotation should be in two parts: 1.4.1 Unpriced Bids – Cover Marked “UNPRICED BID” Unpriced quotations, duly filled in and signed by the tenderer or the legally authorised representative of the tenderer , together with Earnest Money Deposit and other documents mentioned should be enclosed in the Envelope (meant for Unpriced Bid) provided along with the tender document. Tenders would be rejected if the price is quoted in the “UNPRICED BID”. Tenders also stand to be rejected if the EMD is given in the “PRICED BID” envelope The UNPRICED BID should be accompanied by the following supporting documents:

a) Copy of company registration certificate b) Profit & Loss statement of last 3 years c) Copy of (notorized) partnership deed, if applicable d) Power of Attorney on the stamp paper if applicable (non-judicial stamp paper of

Rs.100/-) if applicable f) Copy of document regarding ownership/lease of container.

g) Indemnity Bond h) Declations by the tenderer i) EMD j) SC/ST certificate, if applicable k) Experience Certificate The Statement of Credentials must be filled in completely and certified true in all respects. Tenderer will have to submit relevant original documents whenever required. Tender is liable to be rejected if the information provided therein, on inquiry, is found to be incorrect and/or false. 1.4.2 Priced Bids – Cover Marked “PRICED BID”

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Sectorwise and Container paylodad capacitywise , Price Bids, duly filled in WITH PRICE DETAILS and signed by the tenderer or the legally authorised representative of the tenderer should be enclosed in envelope. IF THE PRICE QUOTED IS NOT IN LINE WITH OUR PRICE BID FORMAT PROVIDED IN THE TENDER, THE OFFERS IS LIABLE TO BE REJECTED. The volumes indicated in the tender (Schedule of Rates) are only directional quantities and Corporation does not guarantee any definite minimum or maximum volume of business. Actual volumes / requirement will be advised to the Transporter from time to time by the concerned officials/ representatives of the Corporation and the Transporter shall deploy containers accordingly. The Corporation as per its requirement may add any new location and the Tenderer will be required to execute the same as per same rates, terms and conditions. Both the above envelopes, duly sealed Envelopes should then be enclosed in the large common envelope and super scribed with Tender Number, Due date & Time and item for which tendered, should be mailed to / submitted at, the under noted address so as to reach on or before the due date and time.

Sr. Manager – Procurement – (Direct Sales SBU), Hindustan Petroleum Corporation Limited, Hindustan Bhawan, 2nd Floor, 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001

Tenders received after the due date and time including postal delays will be rejected. Tenders received unsealed / without Earnest Money Deposit / not meeting tender conditions / incomplete in any respect, are liable to be rejected. 2.0 RATES : It is mandatory that rates quoted for any sector/ category is applicable to all HPCL’s Despatch and Receiving locations, which are currently listed. 3. 0 EARNEST MONEY DEPOSIT (EMD): Tenderer shall pay the Earnest Money Deposit of Rs. 500,000/- (Rupees Five Lakhs only) either by Crossed Account Payee Demand Draft drawn on any scheduled bank other than co-operative banks in favour of Hindustan Petroleum Corporation Limited Payable at Mumbai or by Bank Guarantee (as per format attached) issued by nationalised bank / scheduled bank (other than co-operative banks). Cheques / Cash will not be accepted. No interest is payable on EMD. Cheques and / or request for adjustment against any pending dues / bills will not be accepted as EMD and any Tender with such cheques / requests shall be treated to have been received without EMD and shall be rejected forthwith. EMD would be refunded only after finalisation of the tender and on submission of the original cash receipt issued by the Corporation. In case of successful tenderers the EMD would be refunded only after completion of all the formalities i.e. signing of contract and submission of requisite security deposit in the form of Bank Guarantee. EMD may be forfeited if the tenderer :

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• Modifies / withdraws the offer during the validity period of 180 days from the due

date or extended due date of the tender. • Refuses to sign the contract after award of contract by the Corporation • Does not furnish the Security Deposit of required amount within stipulated time. • Is unable to position the containers within the stipulated time after issuance of

Letter of Intent regarding award of contract and / or award of contract. TENDERS RECEIVED WITHOUT EMD WILL BE REJECTED. 4.0 VALIDITY OF TENDERS : Offers should be valid for a period of 180 days from the due date of Tender or extended due date of the Tender. Once the tender is accepted and work awarded, the rates should be valid for the entire contractual period. No tenderer will be allowed either to withdraw or to revise his offer after the last date of receipt of tender. Any offer containing variations from our terms and conditions and or counter conditions will not be accepted. Tenderers are advised in their own interest to quote strictly as per terms and conditions stipulated by the Corporation and not to add conditions of their own or to modify the terms and conditions stipulated in the tender. The Corporation reserves the right to accept or reject any or all tenders in whole or in part and or all tenders in whole or in part and or to divide the work amongst tenderers in the manner considered suitable by the Corporation, at the Corporation’s sole discretion, without assigning any reason. Acceptance of offer shall be valid only when advised by the Corporation in writing to the concerned successful tenderer. 5.0 BUSINESS HPCL proposes to award business to L1 bidder who is average lowest in a particular sector. The business will be awarded in the following manner: Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be decided on average lowest by considering the rates quoted in each sector for all categories of Payloads. Tenderers will be listed in ascending order as per their ranking. The list will include all The technically qualified tenderers. For all Sectors, HPCL proposes to allocate 100% business to only one Transporter. HPC reserves the right at its sole discretion to reject unworkable, unviable and/ or unrealistically high rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of HPC in this regard will be final and binding. In case it is observed that all the tenderers or a group of tenderers have quoted in cartel ,HPCL reserves the right to reject some or all the bids of the tenderers who have quoted in cartel, without assigning any other reasons for the same.

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The successful tenderer is required to accept additional share of business at the same finalized rates, if offered by HPCL, till two years from date of LOI / PO (LOI/PO for initial year + one year extension) 6.0 AGREEMENT - TRANSPORT CONTRACT Successful tenderer, before undertaking the work, would be required to execute the Agreement within 15 days from the date of confirmation of award of contract by the Corporation, failing which Corporation may forfeit the EMD without prejudice to its rights and cancel the award without giving further notice. Agreement would strictly be in accordance with the tendered terms and conditions. 7.0 SECURITY DEPOSIT 7.1 Successful tenderer would be required to furnish a Security Deposit in the form of Bank Guarantee for Rs.20,00,000/- (Rupees Twenty Lakhs only) as per the contract for the period stipulated in the contract, within 15 days of issuance Letter of Intent / Confirmation of award of contract by the Corporation, failing which, Corporation may forfeit the EMD without prejudice to its rights and cancel the award without giving further notice. The Bank Guarantee should be drawn on any Nationalised / Scheduled Bank other than co-operative banks. 8.0 COMMENCEMENT OF TRANSPORTATION: Contractor will be entrusted with transportation after LOI is issued as per rates finalized terms and conditions of the Tender. 9.0 CONTRACT PERIOD The contract shall be for a period of One year effective the date of LOI with an option for extension for a further period of one year at Corporation’s discretion at the same rates, terms and conditions. 10.0 The Corporation reserves the right, at it’s sole discretion and without assigning any reason whatsoever to

1) Negotiate with any or all tenderer(s) 2) Divide the work among tenderers, 3) Reject any or all tenderers either in full or in part, 4) Assign the offered and accepted trucks to any other contract in any other region on any route temporarily or permanently and the decision of the Corporation will be final and binding on the successful tenderers/Contractors. 5) Engage additional contractors at any time without giving any notice whatsoever to the contractor/s already appointed against this Tender. 6) Send loads in customer nominated transporters’ trucks wherever such recommendations are received from the Customers in writing.

11.0 HPCL reserves the right to accept or reject any offer without assigning any reason whatsoever. SIGNATURE ________________ NAME _________________ NAME AND ADDRESS OF THE FIRM _________________

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Attachment 4 Details of Tenderer Tenderers should fill their technical offer by way of providing all information as follows : Sr no

Details Details/ Page Number of submitted tender

1

Name of the firm

1a Category (SC/ST/GEN)-Attachment 12

2 Nature of the firm (State whether Limited Co,Partnerhship, Coop Scty or Sole Proprietor.Photocopies of documents confirming constitution of the firm to be enclosed)

3 Year of Establishment

4 Registration Number, if any

5 Registered Postal Address

6 Telegraphic Address, if any

7 Telephone No.(s) Fax No. (s) E-mail address- compulsory.

8 Address of Branches, if any

9 Permanent Account Number (PAN) for Income Tax

10 Name of Bankers & Branch with full address

11 Type of Account & A/C. No.

12 Names (s) of Person(s) Operating the bank account

13 Names of authorised representatives of firm Note : Power of Attorney signed by all Directors/Partners/Proprietor in favour of authorised person signing tender documents must be enclosed (Attachment 11)

14 Are you currently having any contract with HPCL. If yes provide details

15 Have you transported packed products In previous three years , if yes provide details

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16 Please confirm that you have qualified / trained / experienced staff on your Roll to handle this job

17 No. of Containers operating under the firm

18 Details of Containers owned by the tenderer against tender - furnish details.

19 Attach copies of previous 3 years’ balance sheet of the firm.

I / WE do hereby certify that the information as provided above is correct and true in all respects. SIGNATURE _____________________

NAME ______________________ SEAL FIRM’S NAME & DATE ADDRESS

__________________________________________________________________________________

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ATTACHMENT – 5.A

DECLARATION OF THE TENDERER I/We hereby offer the firm rates in the Rate Schedule attached. The Earnest Money Deposit (EMD) of Rs. ___________ has been paid by me / us vide Demand Draft No. ___________________ dated _____________ / Bank Guarantee dated _______________. It is agreed that the said amount so deposited is refundable to me/us after finalisation of tender in favour of any party and subject to our fulfilling the terms and conditions of this tender. I/We hereby agree to abide by and fulfill the terms and conditions set out in the general and special conditions of the contract and the Agreement papers as attached, which shall be deemed to form a part of this tender. I / We return herewith the same duly attested on each page in token of my / our acceptance thereof. I/We hereby declare that this tender and your acceptance to be communicated by you to me / us by a letter shall constitute a valid and binding contract between us till such time the final Agreement is signed by us. I/We have noted that the Corporation reserves the right to accept / reject any tender which may / may not fulfill any of the conditions contained above and enclosed Agreement Form , without assigning any reason whatsoever. Yours faithfully, WITNESS : SIGNATURE______________ DATE: NAME : _______________________________ (Signed as Director / Partner / Member / Proprietor) SIGNATURE ________________ NAME OF FIRM __________________ NAME______________________ ADDRESS : _____________________ PLACE _____________________ _____________________ DATE ______________________ TELE. NO. : ______________________

ATTACHMENT – 5.B

DELCLARATION I/We _________________________ hereby declare/clarify that we have not been banned or delisted by any Government or quasi Government Agencies or Public Sector Undertakings

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Stamp & Signature of the bidder Note : If a bidder has been banned by any Government or Quasi Government Agencies or PSUs, this fact must be clearly stated with details. If this declaration is not given along with the UNPRICED Bid, the tender will be rejected as non-responsive. ________________________________________________________________________________

ATTACHMENT – 5.C

DECLARATION We declare that we do not have any employee who is related to any officer of the Oil Company/ Central/ State Government.

OR We have the following employees working with us who are relatives of the officers of the Oil Company/ Central /State Government. Name of the Employee Name and Designation of the officer of the Of the Contractor Oil Company/ Central/ State/Government and

relation. 1. ________________________________________________ 2. ________________________________________________ Strike off whichever is not applicable. Date:

Signature___________________ Name of Person Signing___________________

ATTACHMENT – 5.D DECLARATION

The Tenderer is required to state whether he/ she is a relative of any Director of the HPC or the tenderer is a firm in which Director of HPC or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which Director of HPC is member or Director, (the list of relative(s) for this purpose is given below) N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of the HPC/ Central/ State Government, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the HPC/ Central/ State Government. Date: Signature___________________

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Name of Person signing_______________________

Tenderers Name and Seal ____________________

LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or

iii) The one is related to the other in the manner indicated below. 1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son’s Wife 5. Daughter (including Step Daughter) 6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son 11. Son’s Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife 21. Sister (including Step Sister) 22. Sister’s Husband

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ATTACHMENT - 6

TRANSPORT CONTRACT

TRANSPORTATION OF PACKED LUBES IN CONTAINER BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS FROM HPCL’s MUMBAI (INCLUDING SURRONDING AREAS) AND KOLKATA (INCL. SURROUNDING AREAS) TO LOCATIONS AS PER ATTACHMENT IX. Tender No. : 9000271-HD-14001 MEMORANDUM OF AGREEMENT made at Mumbai this _________ day of __________ Two thousand and ________ by and between _________________ ____________ ________________________ _____________ ___________ ______________ _________ _________________ __________________ ________ Carrying on business under the name and style of ________ __________ _____ ______ ____________________ _____________ _________ _____________ _________ ___________ _____________ _______ ___________________________ hereinafter called the Transporter which expression shall wherever the context so admits, mean and include his legal heirs, executors and administrators OR the present members or future members of the firm, their representatives legal heirs, executors and administrators together with their survivors or survivor and HINDUSTAN PETROLEUM CORPORATION LIMITED, a Company incorporated under the Indian Companies Act, 1956, having its Registered Office at Petroleum House, 17, Jamshedji Tata Road, shall wherever the context so admits mean and include its successors and assigns of the other part. WHEREAS the Transporter has agreed to transport Corporation’s packed lubes Ex HPCL Plants/Repackers/Warehouses/Depots in Mumbai/ Navi Mumbai (including surrounding areas) and from Kolkatta to locations as specified in schedule of rates enclosed. NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS : 1. Transportation of the packed Lubricants under this agreement shall normally be

from HPCL’s Plants/Repackers/Warehouses/Depots at Mumbai(including surrounding areas) and from Corporation specified locations in & around Kolkata to various locations as specified in the Schedule of Rates enclosed.

2. The Contract shall be for a period of One year effective ________ extendable by a

further period of one year at the discretion of the Corporation, at the same rates, terms and conditions. The Corporation in its absolute discretion and without prejudice to its other rights and remedies may terminate this contract forthwith if the contractor commits a breach of any of the terms and conditions of this agreement or a contractor being a firm, any member of the contractor’s firm, is adjudicated insolvent or enters execution or any other process is levied or if the road permits issued by the Transport Authorities to the contractor are cancelled or revoked.

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The Corporation also reserves the right to terminate the contract at any time before expiry of the contract by giving the contractor one month’s notice in writing without assigning any reason whatsoever.

3. The transporter shall pay Security Deposit in the form of Bank Guarantee for Rs.20,00,000/- (Rupees Twenty Lakhs only) valid for 2½ years as Surety against any damage or loss caused by him to HPC or other Oil Companies’ materials, product or property as also against claims of non performance of contractual obligations.

The Bank Guarantee may also be used by the Corporation to recover the cost of any material or property lost or destroyed or damaged by the Transporter and / or to meet any claim made by the third party arising out of Transporter’s actions.

4. The Containers used by the Transporter shall be sound in all respects, that is in road-cum-rail worthy condition, in conformity with Explosives regulations and other Railway/local bodies’ requirements and driven by licensed drivers , etc.

5. The Transporter shall provide, at his own cost, all supervision & labour for efficiently

carrying out loading/stacking of HPCL’s goods inside containers. 6. The Transporter will ensure that the materials are properly stacked and secured in

the containers with appropriate sufficient dunnage/ strapping to avoid damage to containers and any leakage of product in transit. Appropriate dunnage, straw, hessian, gunny bag straps hooks or both to be provided by the Trasnporter/s. it is also the responsibility of the Transporter to secure the barrels and packages inside the container as per the standard industry / international practice to ensure safe and efficient handling of the Corporation’s products. While carrying mixed loads (cases, pails etc), Transporter shall ensure to use wooden planks/plywood of suitable thickness to safeguard against package damages during transportation. The dunnage, plywood, strapping material to be provided by Transporter at his own cost.

7. All taxes, insurance and other charges (eg toll charges) as applicable to the

container/ truck/ train/ HPCL’s goods (during transit) will be borne by the Transporter. In case of any product related charges, eg Octroi ; the same will be reimbursed by HPCL.

The Transporter will have an Insurance Policy from an established Insurance Company for each vehicle and keep such Policy in force at all times to cover all risk of whatever nature inclusive of any damage caused by the containers to the Corporation's property. The Transporter will produce for the perusal of the Corporation the original Insurance Policy and proof of payment all Insurance premium and charges in respect thereof as and when demanded by the Corporation. Transit Insurance of the product will be taken by the carrier and it shall be at carrier’s risk. The Corporation shall be responsible only for charges as applicable to the movement of the product and as stated in the Schedule of Rates.

8. It shall be the responsibility of the Transporter to ensure that the inter-state permits,

wherever applicable are collected, should satisfy himself that the documents are complete in all respects and accompany the container before the container leaves the Corporation’s shipping Terminal / Installation. The Transporter should

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comply with the provisions of MOTOR VEHICLE ACT, 1988 and amendments thereto.

9. The Corporation shall deliver packed petroleum products in containers in

capacities as per Plant requirement for transportation to upcountry locations and the number of barrels / drums / bags / pales / cartons etc. that can be carried will be restricted as per RLW/ Container Capacity.

10. The loading at dispatch locations will be done by the transporters. HPCL will bring

its goods near the Truck to enable Transporter load the same inside the Truck.

11. In case of Corporation owned depots unloading will be done by the Corporation,

and in case of other locations like Railways etc. unloading will be arranged by the transporter.

12. The Corporation will provide the transporter with transport work hereunder as and

when it considers necessary and will not be bound to give or entrust all the transport work to the transporter or be bound by the estimated thruput shown in the Schedule of Rates.

13. The Corporation does not guarantee any minimum mileage/load for the

transporter and no liability whatsoever shall be attached to the Corporation on account thereof.

14. Nothing herein contained will prevent the Corporation from engaging any other

parties to carryout transportation work similar to the work entrusted to the Transporter

OPERATIONAL MATTERS

i.The transporter shall make arrangements to take delivery of the product to be transported ex Corporation’s Installation as per indents placed by Corporation’s authorized representative (either by email or written indent to Transporter’s representative) failing which the Corporation reserves the right to make immediate alternate arrangements for transportation and the differential freight amount will be recovered on current basis. If at any time during the currency of this agreement, the Transporter fails to transport the products as provided therein above to perform the various other obligations, the Corporation will make alternate arrangements from other Transporters including Railways to perform the obligations and transport the products and the Transporter undertakes to reimburse additional transportation cost to the Corporation in this connection.

ii.Corporation reserves the right to refuse loading of containers placed after 24 hrours after placement of indent.

iii.The Transporter shall undertake transportation of packed lubes against approved Despatch documents of the Corporation issued to him from time to time by the dispatching locations

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iv.50 % of the containers requisitioned on a particular day to be placed by 11.00 AM and balance by 2.00 PM, failing which Corporation reserves the right to refuse loading of trucks placed beyond above timings.

v.The transporter will not refuse to transport any of the company’s packages including drums, cartons, cases as well as naked tins and jerry cans (including HDPE Containers)

vi.The transporter shall deliver the product to the destination as stated in Tender document (as per details on the Dispatch documents). However, the Transporter will not refuse to divert the container to another location within 100 KMs from original destination; which may arise at sole discretion of HPCL.

The Transporter will be paid/ recovered @ Rs. 3.5 per MT per KM, for additional distance ie distance between new destination and original destination eg A = Distance between Transporter’s Railway Yard and HPCL’s original destination B = Distance between Transporter’s Railway Yard and HPCL’s new destination Additional Transportation to be paid/ recovered : (B-A)*3.5*Weight of HPCL’s material loaded No additional transportation charges will be payable for diversion within 20 kms . It will be the responsibility of the transporter to comply with the requisite RTO/ Railways formalities, for such diversions, intra or inter state , as the case may be.

vii. Transportation payments in Rs/Container will be processed as per Payload Category eg for HPCL material load of 15 MT, transporter will paid for Payload Category I, for HPCL material load of 25 MT, Transporter will be paid as per Payload Category III etc. as per the actual weight loaded.

viii. The applicable octroi charges etc. (which are based on value/ type of product carried are to be paid by the Transporter and these shall be reimbursed to him by HPCL on production of actual octroi receipts duly endorsed by the receiving location. Toll/Entry charges will not be reimbursed by the Corporation to the Transporter

ix. For locations which are not under the HPCL ERP system, the transporter should obtain

acknowledgement on the transporters copy and submit the same to the dispatch locations, based on which PCB payments will be generated.

x. For locations which are under HPCL ERP system, PCB payments will be generated thru

system based on delivery confirmation done at the receiving locations. However, the transporter must obtain acknowledgement (including shortages/ damages etc.) from the receiving locations for their records.

xi. Payment terms for service rendered by the transporter shall be normally within 15 days

from the date of receipt and acknowledgements at the receiving location.

xii. A penalty of Rs.100/- shall be levied for issue of duplicate of every prescribed form lost. Further, the transporter should provide documentary evidence to prove that the delivery was made in tact.

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xiii. Details of bills pending payment for more than two months should be advised to the Corporation on a monthly basis and the Corporation will endeavor to settle them at the earliest. Bills received after six months from the date of delivery will not be entertained by the Corporation.

xiv. After loading at the despatch location, the Containers would be locked / sealed by

HPCL officials / employees/ representatives. The locks and/or seals will be provided by the Corporation at its own cost. Transporter to ensure that the goods accepted by him at shipping location are in good condition. Transporter to check seals / caps / bungs, condition of the package, etc. at the time of loading the consignment.

xv. Under no circumstances shall the Transporter unload the container at any other

location than the destination as mentioned on the Dispatch documents. However, if due to unforeseen circumstances, the container cannot be unloaded at the destination and is likely to be detained inordinately, the transporter shall immediately contact Sr. Manager-Mazagaon Terminal/Kolkata Terminal/Lube Distribution HB for further action.

xvi. The containerised contracted vehicle(s) will be made available at all times in

roadworthy conditions so as to give uninterrupted service to the Corporation. Should the Transporter fail to provide the contracted vehicle on any day scheduled by the Corporation, the Corporation shall be at liberty to make suitable alternative arrangements for the transport of their products. All expenditure as also damages/losses incurred by the Corporation in its trade as a result of the breakdown of the Transporter transport arrangements will be deducted from the amounts payable to the Transporter.

xvii. No Transporter is permitted to unload the consignment in any other private godown or

divert the goods to any other location without prior permission of HPCL’s authorised representative. In such cases, no handling charges or warehousing charges or any other expenses incurred by the transporter etc., will be reimbursed to the transporter. In cases where HPCL makes arrangements to get the consignments from private godown unloaded by the transporter after paying the dues, the same will be recovered from the transporter.

The transporter shall undertake movement of the product without any transshipment. However, if transshipment is inevitable, the transporter shall obtain permission of the Corporation before hand and also ensure that adequate care and precautions are taken to ensure safe handling of the product. No additional transit time will be allowed for the purpose of transshipment except in cases of accidents. The Corporation reserves the right to terminate the contract without any notice in case the transporter resorts to transshipment without prior permission from the Corporation. The transporter shall not sublet any work entrusted to him except on the written consent of the Corporation.

xviii. The transporter shall be responsible for loss or damage to the product and packages

entrusted to him for haulage. The Corporation shall recover from the transporter full value (MRP)for loss / damage / contamination in transit of the product / containers by deducting from his outstanding bills. If any adulteration / contamination are established, the adulterated / contaminated product will be disposed off at the Corporation’s discretion. The Carrier / Transporter will be liable to pay double the sum that may be assessed by the Corporation as accruing gain out of adulteration or the difference between the cost of the product entrusted to the transporter and the

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cost of the downgraded product along with other incidental expenses incurred by the Corporation for disposal of contaminated product.

xix. Transit loss and damage to Corporation’s packages as certified by the receiving

location will be recovered from the transporter’s bills. In case of any accident, the Transporter must submit copy of FIR to receiving as well as Dispatching location. The rate of debiting shortages to the Transporter will be MRP of receiving location.

xx. The leaky / damaged packages received at destinations will be emptied / bulked out

by the Corporation and the empty containers handed over to the transporter after defacing / flattening. The cost of these containers will be recovered from the transporter.

The transporter shall ensure that the product is delivered at the destination within time as stipulated. For belated deliveries, Corporation reserves the right to impose a penalty at the rate of Rs. 1000/- per day for each day of delay beyond reasonable delivery time and such penalties shall be recovered from the transporter’s bills, unless satisfactory explanation is given by the transporter for the delay.

xxi. It must be clearly understood that Transit Insurance coverage, if any, will be the sole responsibility and at the cost of the transporter. The Corporation does not and will not insure the product under transit risk. The Corporation will not reimburse the transporter for the same.

xxii. Remuneration / Payment : The Corporation will make transportation payment as

per Contracted Load in Rs./Container as per Payload Category of actual HPCL quantity loaded MT. The quantity loaded (MT) will be decided as per HPCL’s Weight Chart for its products (SKUs). HPCL’s weight chart for its products/ SKUs will be made available by HPCL to its Transporters on demand. No Empty Container Transportation charges, busy route and/or busy season surcharge will be paid by HPCL to Transporter. Same Rate will be paid by HPCL irrespective of whether the Container travels as Lower Stack or Upper Stack in a double stack container train.

All punitive charges such as overloading, demurrage, misdeclaration, less no. of Wagons etc. will be borne by Transporter and will not be reimbursed by HPCL.

xxiii. The Corporation shall normally make payment to the Carrier / Transporter at the rate

specified in the Schedule of Rates within 15 days of receipt of the product, in respect of transportation of the products from the Carrier / Transporter after deducting any amount that may become payable by the Carrier / Transporter to the Corporation hereof. The rate payable to the Carrier / Transporter would be as per Schedule of rates.

Railways may revise their haulage/ freight rate from their Operators during pendency of this Contract. Railways revise their rates vide their Circulars which are available on their Website and are made available to their Licenced Operaotors.

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HPCL will increase/decrease (%) its transportation rate (Rs. per Container) by same % as increased/ decreased by Railways for Base Rail tariff (without surcharge) for container loads upto 20 MTs vide their Circulars. It will be Transporter’s responsibility to make Indian Railway Circulars available to HPCL regarding any increase/ decrease by Railways for Container Traffic in sub 20 MT category (ie Railway Haulage rate for loaded container per TEU upto 20 MT). It must be clearly understood that for all types of Payloads of HPCL material; the % increase/ decrease by HPCL in Transportation rate will be same % as % increase/ decrease by Railways for Container Traffic in sub 20 MT category. It must be clearly understood that HPCL will not increase/ decrease its transportation rate for Railway rate change upto 5%.

For Example :

I. Railway Rate Increase Earlier Haulage Rate per TEU in “Upto 20 MT Category” : Rs 14000/- per container (as per Railway Circular) Case I : Revised Haulage Rate per TEU in Upto 20 MT category : Rs 14500/- per container (as per Railway Circular) No Transportation Rate increase by HPCL since Railway Rate increase is less than 5%. Case II : Revised Haulage Rate per TEU in Upto 20 MT : Rs 15000/- per container (as per Railway Circular) Transportation Rate finalized by HPCL will increase by 7.14% since Railway Rate increase is more than 5%.

II Railway Rate Decrease Earlier Haulage Rate per TEU in Upto 20 MT : Rs 14000/- per container (as per Railway Circular) Case I : Revised Haulage Rate per TEU in Upto 20 MT : Rs 13500/- per container (as per Railway Circular) No Transportation Rate decrease by HPCL since Railway Rate increase is less than 5%. Case II : Revised Haulage Rate per TEU in Upto 20 MT : Rs 13000/-per container (as per Railway Circular)

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Transportation Rate finalized by HPCL will decrease by 7.14% since Railway Rate decreased is more than 5% (in absolute terms). In case of above-referred change in Railways Haulage Rates taking effect, retrospectively as per Railway Circular, the differential freight will be paid/ recovered to/from Transporters from same date as made applicable by Railways.

xxiv. Carrier/Transporter shall bear and pay the entire operational cost of the containers which will include and be deemed always to include the following :-

• Provision for the driver, cleaner & other Transporter’s staff and also necessary relief including their salary and other emoluments

• All Railway charges • Cost of ownership/ lease of Containers and their maintenance • Cost of fuel and lubricating oil necessary. • Road Tax, route permit fee, vehicle tax, other taxes, toll tax and intransit

insurance for HPCL goods. • All operations (loading & stacking) of the containers and/or other items

incidental thereto and/or connected therewith • Charges related to Inland Depots for loading and unloading of

Containers • All idling charges, loss by delay in transport, transit, road&rail stoppage,

delay in time consumed in loading or unloading of products or otherwise whatsoever on account of operations hereunder.

• All Demmurage charges, if any, required to be paid to Railways will be borne by the transporter.

xxv. Corporation will make all efforts to receive the goods at the receiving location within 48

hours of time of reporting at depot (between 09-30 to 1700 hrs). However, if there is any further delay, Corporation may pay Rs.1000/- as detention charges per day beyond 48 hours. Transporter to ensure that in such cases, the time and date of reporting and time and date of release are endorsed by the Depot Manager on the control of charges copy of Despatch Documents. Similarly, the Corporation reserves the right to impose a penalty on the Carrier(s) at the rate of Rs.1000/- (Rupees One thousand only) per day or undertake adhoc transportation of non placement of containers truck on date indented by the Corporation for the destination subject to max defaulting period of 5 days for each trip loss, and such penalties may be recovered from the Carrier(s) bills unless satisfactory explanation is given by the Carrier(s) in writing, for the delay.

xxvi. The transporter shall abide by the provisions of the Minimum Wages Act, Contract

Labour (Regulation & Abolition) Act, 1970. Employees’ State Insurance Act and all other applicable laws / regulations made under such laws and shall absolve the Corporation of all or any liability in respect of his employees or their dependents. If the Corporation is required to pay any amount to the Transporter’s employees or to any statutory body, in connection with the employment of the Transporter’s employees under any law, the same will be reimbursed by the transporter to the Corporation.

xxvii. During the pendency of this contract, if any accident arises by reason of any act of

negligence, omission, default or non-compliance with any regulations or notification of Government, Explosives Dept. or local authority / terminal authorities/railway

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authorities, on the part of the transporter, his representatives or employees, resulting in death or injury to any person including any employee of the Corporation or the transporter or injury or damage to the property of any person or the corporation, then in such an event, the transporter will be liable to pay compensation to any person including the employees of the Corporation or transporter or corporation, for such injury or damage to the person or property as mentioned above. The transporter agrees that he shall also in such an event, indemnify the Corporation from any demand , claim or proceedings made, occasioned or instituted by any such injured person or any one on his behalf against the Corporation.

xxviii. The transporter / carrier shall be responsible for the documents handed over for the

product to be transported. Transporter/carrier should ensure that the “Duplicate copy for Transporter” or “MODVAT copy” of the DESPATCH DOCUMENTS-OUT is handed over to the Corporation’s representative at the Receiving Location. In the event of this copy being misplaced/ lost in transit, the transporter will submit an indemnity bond stating the loss of MODVAT document. The indemnity bond will also include an undertaking for owning responsibility for submitting the document if found at a later date and repaying back an amount equivalent to MODVAT credit in case the Corporation suffers financial loss on account of this. The amount in lieu of MODVAT credit, if required, will be recovered from the pending bills of the transporter or other amounts payable to the transporter or against Bank Guarantee furnished by the transporter against the contract.

FORCE MAJEURE CLAUSE

If at any time during the continuance of this Agreement, the performance in whole or part by either party of any obligation under this Agreement shall be prevented or delayed by reason of any war, hostility, act of public enmity, civil commotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes, lockouts or Acts of God (hereinafter referred as event), then provided notice of happening of any such event is given by either party to the other within twenty one days from the date of occurrences thereof, neither party shall by reasons of such event be entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance.

Deliveries under this Agreement shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of Head Lubes SBU, Hindustan Petroleum Corporation Ltd., as to whether the deliveries have been so resumed or not, shall be final and conclusive. Provided further that the performance in whole or part of any obligation under the contract is prevented/delayed by reason of any such event specified above for period exceeding sixty days, either party may at their option terminate this Agreement. The performance of the respective obligations of the parties under this Agreement shall be resumed as soon such calamities, which have resulted in the non-performance, cease to occur.

19. 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

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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 proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings. 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 lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid 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.

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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 there under, 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. IN WITNESS WHEREOF, the parties have executed these presents on the day, month and year hereinabove mentioned. Singed and Delivered by Signed & Delivered by the The within-named Transporter duly Constituted Attorney of HINDUSTAN PETROLEUM CORPORATION LIMITED. In the presence of In the Presence of

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Attachment 7

INDEMNITY BOND This Indemnity Bond executed on this ……………. day of …………… Two thousand by M/s. …………………………. and having its registered Office at ……………………………………………………… hereinafter called the said Transporter/s (which expression shall mean and include the partner or partners for the time being of the firm and also include their or his respective heirs, executors, administrators, its successors and assigns in law) in favour of Hindustan Petroleum Corporation Limited a Company registered under Indian Companies Act, 1956 having registered office at Petroleum House, 17, Jamshedji Tata Road, Mumbai 400 020 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART and M/S _______________________________________ a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “The Transporter” (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Corporation has awarded transport contract to the said Transporter for transportation of packed lubricants for the period of 1 year effective from __________ and extendable for another one year at Corporation’s option on the same rates, terms and conditions as per contract agreement signed and WHEREAS the said Transporter has offered ………. Nos. of containers to the Corporation owned by the said Transporter as well as containers which are not owned by the transporter but that will be offered by the transporter under this Contract. AND WHEREAS the transporter offers the aforesaid number of containers either owned by them and/or declared by the transporter claiming as their own or any addition of containers trucks made subsequent to the award of contract and declared as (either owned directly or attached to the firm). AND WHEREAS the said transporter has requested the Corporation to accept the said containers and the additional containers made available subsequent to the award of contract, offered under the requisition slip of the said transporter and the said transporter has agreed to execute this Indemnity Bond. IT IS, therefore, the intent of the Indemnity Bond of M/s. …………………………., the said transporter to indemnify and keep indemnified the Corporation as stated hereinafter: 1. The said transporter hereby agrees and undertakes to abide by all the terms and

conditions of the tender and the transport contract agreement and that the said transporter shall be solely and absolutely responsible and liable with regard to the said containers and the additional containers made available subsequent to the award of contract and keep the corporation indemnified against any loss, damage, liability and/or third party claim, whatsoever, which the Corporation may suffer due to utilisation of the said containers trucks and the additional containers made available subsequent to the award of contract, not owned by the said transporter.

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2. M/s. …………………………………. , the said transporter, hereby undertakes to indemnify and keep indemnified the Corporation against all losses, damages and claims of whatsoever nature which may arise against the Corporation by way of utilisation of the said containers and the additional containers made available subsequent to the award of contract, due to accident, negligence of the driver / cleaner or other staff of the truck or due to the truck operator getting involved in any criminal act of whatsoever nature and the said transporter undertakes and hold himself liable and responsible for all these losses, damages and/or liabilities without involving the Corporation therein.

3. M/s. ………………………………… , the said transporter further undertakes to indemnify

and keep the corporation indemnified against all suits, litigations / court proceedings, demands, claims or any action which may arise against the Corporation due to utilisation of the said containers and the additional containers made available subsequent to the award of contract.

4. Finally, M/s. …………………………….. the said transporter undertakes that all the terms

and conditions of the tender and transport contract agreement dated ………………shall be applicable and the said transporter shall be liable as per these terms and conditions for the utilisation of the said containers and the additional containers made available subsequent to the award of contract, offered to the Corporation in the same manner as if these trucks are owned by the said transporter.

SIGNATURE: …………………………..

NAME : (Signed as Proprietor / Partner / Director)

NAME & ADDRESS ………………………….. OF THEIR FIRM ……………………………

……………………………… ………………………………

BEFORE ME PUBLIC NOTARY

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ATTACHMENT - 8

BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF M/s. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on M/s. ________________________ 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 Corp- oration") 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 Rs. _________ (Rupees ___________ only). We, ____________________ Bank having office at ______________________ (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs. _________ (Rupees _____________________ only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender". 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 defenses to which we as guarantors and/or "the Tenderer" may be entitled to. 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. We, _____________________ Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions

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relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ________ (Rupees ____________________only). Our liability under this guarantee shall remain in force until expiration of six months from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before _____________ all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. We, ______________________ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing. We, ______________________ Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer". 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard. IN WITNESS WHEREOF the Bank has executed this document on this _______________ day of ____________ For __________________ Bank (by its constituted attorney) (Signature of a person authorised to sign on behalf of "the Bank")

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ATTACHMENT 9 Tender no: 9000271-HD-14001

Details of Locations & Payload Quantity

(PLEASE DO NOT QUOTE IN THIS ATTACHMENT)

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� � � �For above-referred Sectors I to III; the Despatch Locations at Mumbai are HPCL’s Plants, Repackers, Depots located at Mumbai, Navi Mumbai and upto Bhiwandi. The receiving locations are as follows : Kolkata : Budge Budge and/or Ramnagar Delhi : Shakurbasti or Gurgaon (Daruheda) Chennai : Tondiarpet For Sector IV, the Despatch Locations at Kolkata are HPCL’s Plants, Repackers, Depots located at Budge Budge & Ramnagar. The receiving locations at Delhi are at Shakurbasti or Gurgaon. In each of above sectors, HPCL proposes to transport its goods thru 20’ length Containers (+ or – 10% length allowed) in following three Payload Categories.

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MULTI MODAL CONTAINERS The Transporter may bid for any one or more sectors. The rate is to be quoted as Rs/Container for all three Payload categories in any Sector. The rate quoted against this tender is on the basis of Railway Haulage charges prevailing on the due date of the tender.

The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax.

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Attachment – 10

GENERAL IRREVOCABLE POWER OF ATTORNEY

We, the undersigned (1) Shri ________________________________ (2) Shri _________________________ (3) Shri ___________________ all residing at _________________ the Partners / Directors of M/S __________________________ having its registered office at _________________________________ do hereby nominate, authorize and appoint Shri __________________________________ & Shri _____________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/S ____________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm: i) To sign, seal, execute, perfect and/or complete the tender document of

transportation of packed lubricants and also other relevant documents required by M/S __________________ Corporation Ltd. (hereinafter called The Company) in respect thereof.

ii) To negotiate, enter into correspondence with the Company and do all and

everything necessary suitable or proper with regard to the said tender for transportation of petroleum products.

iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement

and all and/or any other document, Indemnity Bond etc. Required by the Company in connection with the said Transport Contract Agreement.

iv) To do all acts, deeds, as may be necessary for and incidental to the execution of

proper performance of the said transport contract agreement with HPCL. We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever the said Shri. __________________, and Shri____________________ shall or may do or cause to be done in or about the said tender and the Transport Contract Agreement, the execution and proper performance thereof by virtue of these presents. This Power of Attorney shall remain irrevocable till the validity period of our quotation/Transport Contract Agreement / or refund of our Security Deposit whichever is later. In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand two ______________. Signatures Signed, Sealed and delivered by 1) Shri___________________ the within named partners/ 2) Shri___________________ Directors of M/S _____________ 3) Shri___________________ Before me. Notary public (Notary's Stamp)

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Attachment-11

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Scheduled tribes Should submit in support of his claim a certificate issued within one year preceding the date of the tender opening for the Packed Petroleum Products transportation contract, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer himself ordinarily resides otherwise than for the purpose of his own education. The enclosed format is to be used for the purpose.

Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his/her claim.

FORM OF CASTE CERTIFICATE 1. This is to certify that Shri / Smt / Kumari* son /daughter* of ……………………….of village

/ town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951

(As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, the State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.)

@The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978 @The Constitution (Sikkim) Scheduled Tribes Order, 1978

2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / Smt*…………………………….father / mother of Shri / Smt / Kumari*………………………………in District / Division……………………….of the State

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/ Union Territory*………………………………who belong to the …………………….. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*……………………..issued by the ………………………………….. (Name of prescribed authority) vide their no. …………….dated…………………..

3. Shri / Smt /Kumari*……………………….and/or his / her* family ordinarily reside(s) in village / town………………… of………………………..District / Division of the State / Union territory of…………………………………..

Signature……………………… Place………………………State/Union Territory Date……………………… Designation…………………... (With seal of Office) * Please delete the words, which are not applicable. @ Please quote specific Presidential Order. 2/ 3 Delete the paragraph, which is not applicable. Note: The term ‘ordinarily reside(s)’ used here will have the same meaning as in Section

20 of the Representation of the Peoples Act, 1950. List of authorities empowered to issue Scheduled Caste/ Scheduled Tribe Certificates: 1. District Magistrate/Additional District Magistrate/Collector/Deputy

Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1st Class Stipendiary Magistrate).

2. Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

3. Revenue Officers not below the rank of Tehsildar. 4. Sub-Divisional Officer of the area where the candidate and/or his family normally

resides. 5. Administrator/Secretary to Administrator/Development Officer (Lakshdweep

Islands). _____________________________________________________________________________________

Attachment-12

CREDENTIAL ON TRANSPORT EXPERIENCE

(on the Bidders letterhead)

(i) I / We certify that we have ___ years of experience in transportation of packed goods as required to meet the pre qualification criteria and are eligible to apply for the tender. (ii) I / We enclose the following documents to prove our credentials.

(1) 3 years experience certificate from M/s. ________________________ (2) …………………………………. Signature of the Tenderer: Name of the Tenderer: Seal of the Tenderer: Date :

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Attachment 13 TRANSPORT DISCIPLINE GUIDELINES I) TRANSPORT CONTRACT AGREEMENT:

A. All cases of malpractices and adulteration shall be dealt in accordance with the Transport Discipline Guidelines and these guidelines shall form part of Transport Agreement.

B. All the clauses of the Transport Agreement enclosed shall be adhered to. II) All incidents of malpractices and adulteration are categorized as under:

a. Deliberate attempt. b. Other causes

III) MALPRACTICES:

Malpractices will also cover any of the following: a. Tampering with standard fittings of containers for pilferage of products b. Diversion from specified route without any valid reasons c. Exceeding trip time

IV) DELIBERATE ATTEMPT

a. container caught for having indulged in malpractices shall be immediately suspended by location-in-charge. However, an investigation shall be conducted by the Location-in-charge and approval from the appropriate authority will be obtained before the container is black listed.

b. On investigation, if it is proved that the container crew alone is responsible for the malpractice/irregularity, then that particular container alone shall be blacklisted along with the container crew. However, if the investigation reveals the complicity of the owner of the container, then the whole contract comprising the containers belonging to the concerned transporters shall be cancelled and all containers blacklisted along with the container crew.

c. The period of blacklisting a container shall be of two years. However, the decision of lifting ban on the concerned container shall necessarily be taken who had originally blacklisted the container. Depending upon the seriousness of the offence, the container may be banned permanently.

d. A list of all such blacklisted / banned containers showing their registration nos. along with their Engine and Chassis Nos. shall be prepared and circulated to all Regions and other oil companies so that the containers banned in one location/oil Company are not engaged by other locations/Oil companies.

e. Locations shall maintain records of all such blacklisted/banned containers with all relevant details in a register and exchange this information with other Oil Companies.

V) ADULTERATION:

In all cases of suspected adulteration of products in containers due to deliberate attempt by transporter/container crew or due to other causes and their subsequent confirmation by the lab, action against the transporter shall be initiated as under:

a. Disposal of contaminated product shall be as per advice from Quality Control Department.

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b. Incidental expenses and any other expenses sustained by the Company for disposal of the contaminated product shall also be recovered from the transporter.

c. No transportation charges shall be paid for the futile trip to the Dealer/Consumer or Receiving Location as well as for the subsequent trips for delivering the adulterated/contaminated product to the Company’s nominated location for disposal of the product.

d. Action against the transporter for suspension/blacklisting of container/s or termination of transport contract shall be initiated as stipulated under clause (III) above.

VI) OTHER CLAUSES:

In all cases of malpractices/irregularities for pilferage of the product where it is difficult to establish deliberate attempt on the part of the transporter/container crew, action stipulated above under Deliberate Attempt, shall be initiated except suspension/blacklisting of containers. However, transporter shall be warned and asked to remove the crew. Action for disposal of the contaminated product and cost recoveries from the transporter thereof shall be same as that under clause V Above. However, in case of accidental contamination, decision for suspension /blacklisting of the container/s shall be based on the investigation report.

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ATTACHMENT - 14

AGREEMENT No. Dated To, HINDUSTAN PETROLEUM CORPORATION LIMITED Sub : Purchase of Bidding Documents Ref. Tender No. : 9000271-HD-14001 HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on the condition that the bidder will sign the Integrity Pact and the Bid would be kept open in its original form without variation or modification for a period of (state the number of days from the last date for the receipt of tenders stated in the NIT) ………. days and the making of the bid shall be regarded as an unconditional and absolute acceptance of this condition of the NIT. We confirm acceptance and compliance with the Integrity Pact in letter and spirit. We further agree that the contract consisting of the above conditions of NIT as the offer nd the submission of Bid as the Acceptance shall be separate and distinct from the contract which will come into existence when bid is finally accepted by HPCL. The consideration for this separate initial contract preceding the main contract is that HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid to be made except on the condition that the bid shall be kept open for ……… days after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on this condition and after entering into this separate initial contract with HPCL. HPCL promises to consider the bid on this condition and the Bidder agrees to keep the bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties. If Bidder fails to honour the above terms and conditions, HPCLshall have unqualified, absolute and unfettered right to encash / forfeit the bid security submitted in this behalf. Yours faithfully, Yours faithfully (BIDDER) (PURCHASER) (One copy of this agreement duly signed must be returned along with offer). INTEGRITY PACT

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

and

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………………………………………………………. 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

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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

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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 (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for 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.

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(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 Terminals. The Arbitration clause provided

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SIGNATURE & SEAL OF THE TENDERER

52

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…Mumbai Witness 1: Date… Witness 2: …………………..

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SIGNATURE & SEAL OF THE TENDERER

53

Attachment 15-A

PRICE BID

TENDER NO. 9000271-HD-14001

SUBJECT TRANSPORTATION OF PACKED LUBES IN CONTAINERS BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS.

(PLEASE QUOTE IN THIS ATTACHMENT FOR MUMBAI-DELHI SECTOR )

Transporter must quote for all categories of Payloads (if they wish to apply for this particular sector).

The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax.

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SIGNATURE & SEAL OF THE TENDERER

54

Attachment 15-B PRICE BID

TENDER NO. 9000271-HD-14001

SUBJECT TRANSPORTATION OF PACKED LUBES IN CONTAINERS BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS.

(PLEASE QUOTE IN THIS ATTACHMENT FOR MUMBAI-KOLKATA SECTOR )

Transporter must quote for all following categories of Payloads (if they wish to apply for this particular sector).

The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax.

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SIGNATURE & SEAL OF THE TENDERER

55

Attachment 15-C

PRICE BID

TENDER NO. 9000271-HD-14001

SUBJECT TRANSPORTATION OF PACKED LUBES IN CONTAINERS BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS.

(PLEASE QUOTE IN THIS ATTACHMENT FOR MUMBAI -CHENNAI SECTOR )

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Transporter must quote for all categories of Payloads (if they wish to apply for this particular sector).

The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax.

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SIGNATURE & SEAL OF THE TENDERER

56

Attachment 15-D

PRICE BID

TENDER NO. 9000271-HD-14001

SUBJECT TRANSPORTATION OF PACKED LUBES IN CONTAINERS BY MULTIMODAL ROUTE (RAIL + ROAD) ON POINT TO POINT BASIS.

(PLEASE QUOTE IN THIS ATTACHMENT FOR KOLKATA -DELHI SECTOR )

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Transporter must quote for all categories of Payloads (if they wish to apply for this particular sector).

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The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax.