SUPPLY OF BALL VALVES FOR CITY GAS...

SUPPLY OF BALL VALVES FORCITY GAS DISTRIBUTIONPROJECT Project No. P.013702Document No. P.013702 D11031 012HPCL - E Tender No. 19000451-HD-10157

Hindustan Petroleum Corp LtdMumbai | INDIA

PUBLIC

22 August 2019

TECHNICAL DOCUMENTATIONCommercial, Vol I of II, Rev. 0

S.No. Document/ Drawing No. Rev. No. Pages Page No.

I VOLUME I OF II

1

2

3

4

5

II VOLUME II OF II

1P.013702 D 11031 012

0 3 1

2 MRP.013702 D 11071 009

0 11 4

3

3.1 DS P.013702 D 11088 008 0 2 16

3.2 DS P.013702 D11088 009 0 2 18

4

4.1 PTS P.013702 D 11077 026 0 7 20

4.2 PTS P.013702 D 11077 042 0 4 27

4.3 PTS Painting System & Colour Code for Final Layer P.013702 D 11077 028 0 3 31

4.4 GTS 70000/740/GTS/402 7 34 34

4.5 GTS 70000/740/GTS/403 1 10 68

4.6 PTS P.013702 D 11077 029 0 4 78

5

5.1 PMS P.013702 D 11076 001 0 6 82

5.2 PMS P.013702 D 11076 002 0 6 88

6

6.1 QCT P.013702 D 11013 016 0 5 94

PIPING MATERIAL SPECIFICATION

QUALITY CONTROL TABLE

Introduction

Pipeline Valves

DATASHEET

Pipeline Valves

Gas Over Oil Actuator

Piping Specifications - (3C1U)

Piping Specifications - (3C1)

Piping Classes

Section -IV - Special Conditions of Contract (SCC)

Section -V - Price schedule / Schedule of Rates (SOR)

Material Requisition

TECHNICAL

PARTICULAR/ GENERAL TECHNICAL SPECIFICATION

Section - I - Invitation for Bid (IFB)

P.013702 D 11031 012 0 137 Page No. 1 to 137

Electrical, Pneumatic and Gas Over Oil Actuators for Pipeline Valves

Ball Valve

Section - II - Instructions to Bidders (ITB)

Manual Ball Valve (VBA-3C1U)

Manual Ball Valve (VBA-3C1)

Section -III - General Conditions of Contract (GCC)

P.013702 D 11031

012

TABLE OF CONTENTSBALL VALVES

COMMERCIAL

Description

City Gas Distribution Project Page 1 of 1

INVITATION FOR BIDS (IFB) P.013702 D 11031

012

Rev. 0 Supply of Ball Valve for City Gas Distribution Project Page 1 of 1

HINDUSTAN PETROLEUM CORPORATION LIMITED

(HPCL)

CITY GAS DISTRIBUTION PROJECT

SUPPLY OF BALL VALVE FOR CITY GAS DISTRIBUTION PROJECT

SECTION-I

INVITATION FOR BIDS (IFB)

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TABLE OF CONTENTS

1.0 INTRODUCTION .................................................................................................................... 1 2.0 BRIEF DESCRIPTION OF PROJECT ........................................................................................ 1 3.0 BRIEF SCOPE OF WORK ........................................................................................................ 1 4.0 DELIVERY SCHEDULE ............................................................................................................ 1 5.0 SUBMISSION OF BID & BID VALIDITY ................................................................................. 2 6.0 BIDDING PROCEDURE .......................................................................................................... 2 7.0 DETAILS OF BID DOCUMENTS .............................................................................................. 2 8.0 BID QUALIFICATION CRITERIA (BQC) ................................................................................. 3 9.0 BID SECURITY/ EMD ............................................................................................................. 6 10.0 SUBMISSION OF ORIGINAL DOCUMENTS ............................................................................ 7 11.0 PRE-BID MEETING ................................................................................................................ 7 12.0 ZERO DEVIATION BIDS ......................................................................................................... 8 13.0 GENERAL ............................................................................................................................... 8 14.0 EVALUATION METHODOLOGY ............................................................................................... 9 15.0 AWARD METHODOLOGY........................................................................................................ 9

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INVITATION FOR BIDS FOR SUPPLY OF BALL VALVES FOR CGD PROJECT

PUBLIC DOMESTIC COMPETITIVE BIDDING

1.0 INTRODUCTION

1.1 Hindustan Petroleum Corporation Limited (HPCL), a Government of India Undertaking (hereinafter called as the Owner), has been authorized by PNGRB for setting up infrastructure and operation of City Gas Distribution Network for the GA of Sonipat (except areas already authorized) & Jind districts of Haryana. Natural Gas will be transported to residential, commercial, industrial (PNG) and automobile consumers (CNG) in the city.

1.2 Tractebel Engineering Pvt. Ltd. (TE), a subsidiary of Tractebel Engineering S.A has been appointed as Project Management Consultant (hereinafter referred as PMC), by HPCL for providing Design, Engineering and PMC services for this Project.

1.3 TRACTEBEL ENGINEERING PVT. LTD. (TE) invites tenders for “Supply of Ball Valves as defined in the Bid Documents”

2.0 BRIEF DESCRIPTION OF PROJECT

2.1 The present project involves implementation of CGD Network in Sonipat - Jind GA to ensure uninterrupted supply of natural gas to Domestic, Commercial and Industrial consumers.

2.2 TE, on behalf of HPCL, invites bids through single stage two-bid system from eligible bidders for Supply of Ball Valves as defined in the Bid Documents.

3.0 BRIEF SCOPE OF WORK

3.1 The Scope includes supply of following Ball Valves as per specifications attached in tender documents and meeting other technical requirements as specified in bid document including preparation and submission of documents (as per MR), getting approvals from Purchaser/ Consultant, Procurement of Raw Material, Manufacturing, Testing & Inspection including hiring of third party inspection agency for issuing 3.2 certification, Packing & Forwarding, Transportation of Ball Valves at HPCL’s store at Panipat as per the tender terms & conditions.

Sr. No. Item Description Unit Quantity

1.0 4'' Carbon Steel Manual Ball Valves, Flanged End, 300 #, Full Bore, for Above Ground Service

Nos. 20

2.0 4'' Carbon Steel Manual Ball Valves, Butt Welded, 300 #, Full Bore, for Under Ground Service

Nos. 34

3.0 8" Carbon Steel Manual Ball Valves, Flanged End, 300 #, Full Bore, for Above Ground Service

Nos. 5

4.0 8" Carbon Steel Manual Ball Valves, Butt Welded, 300 #, Full Bore, for Under Ground Service

Nos. 15

3.2 The above requirements are CGD Project of HPCL at Sonipat-Jind in the state of Haryana. Description will be provided in the MR

4.0 DELIVERY SCHEDULE

4.1 All Ball Valves package shall be supplied on FOT - HPCL’s store at Panipat within 16 weeks from the date of issuance of LOI.

4.2 The entire supply shall be completed as per the instructions of the Purchaser.

4.3 The date of LR/GR shall be considered as date of delivery

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5.0 SUBMISSION OF BID & BID VALIDITY

5.1 Bids are required to be submitted only through HPCL e-procurement site at https://etender.hpcl.co.in/ on or before the Bid submission date and time. Bidders are required to enrol on HPCL e-procurement site at https://etender.hpcl.co.in/.

5.2 Physical Bids / Offers or Bids through any other mode shall not be accepted. The Offers submitted through e-tendering system, as above shall only be considered for evaluation and ordering.

5.3 Tender submitted by the tenderer shall remain valid and open for acceptance for a period of 4 (four) months from the date of opening of Techno-commercial part of the tender.

6.0 BIDDING PROCEDURE

6.1 Bidding will be conducted through Public Domestic Competitive Bidding basis. Single stage two bid system is adopted for this tender. Bidder to follow e-tendering manual on HPCL e-tendering website.

7.0 DETAILS OF BID DOCUMENTS

7.1 Type of Tender Public Domestic Competitive Bidding Basis

7.2 Tender Document Number HPCL E-Tender No.: 19000451-HD-10157 Tractebel Tender No.: P.013702 D 11031 012

7.3 Earnest Money Deposit / Bid Security As Per Clause No. 9 Below

7.4 Bid Document Fee NIL

7.5 Availability of Tender Document on Website

22.08.2019 to 12.09.2019

7.6 Pre bid meeting date and venue

On 28.08.2019 at 1100 HRS. (IST) at Tractebel Engineering Pvt. Ltd. Intec House, 37 Institutional Area, Sector 44, Gurgaon, Haryana-122002. Tel. No. +91 124 4698500 E-mail : [email protected] / [email protected] The tenderer requiring any clarification (if any) on the bidding document shall upload their queries on HPCL E-tendering portal by 29.08.2019

7.7 Bid Query Start Date & Time 22.08.2019 at 1700 HRS (IST)

7.8 Bid Query End Date & Time 29.08.2019 at 1700 HRS (IST)

7.9 Bid Submission due date and time on HPCL’s e-tendering website.

12.09.2019 till 1500 HRS. (IST)

7.10 Online Opening of Techno-Commercial Unpriced Bid

12.09.2019 at 1500 HRS. (IST) at HPCL’s Mumbai Office

7.11 Price bid opening date and time Shall be intimated later.

The complete Bidding Document is available on HPCL website: https://etender.hpcl.co.in/ and Tractebel’s website: www.tractebelindia.com. Bidders can view / download the tender document from the above website.

All amendments, time extension, clarifications etc. will be uploaded in the above websites only and will not be published in Newspapers. Bidders should regularly visit the above website to keep themselves updated.

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8.0 BID QUALIFICATION CRITERIA (BQC)

8.1 Technical Criteria

8.1.1 Bidder shall be a manufacturer of Ball Valves as per API Specification 6D and shall have a valid license to use API monogram for the proposed manufacturing plant(s).

8.1.2 The bidder in the last 7 years ending last day of the month previous to the one in which tender is invited, should have designed, manufactured, tested and supplied from the proposed manufacturing plant at least 37 Nos. 8” Ball Valve or higher in terms of size and pressure rating as per API 6D.

8.1.3 Bidder should have successfully executed order for supply of Ball Valves of value given in below table in the last 07 years ending last day of the month previous to the one in which tender is invited;

Item Description Currency

One similar completed work costing not less

than

OR Two similar completed works each

costing not less than

OR Three similar

completed works each costing not

less than

Supply of Ball Valves INR 51.17 Lacs 31.98 Lacs 25.58 Lacs

8.2 Financial Criteria

8.2.1 Annual Turnover

Average Annual Financial Turnover during the last three years should be atleast INR 19.19 Lacs.

Note:- If a Bidder does not have Audited Balance Sheets for three years, then Average Annual Turnover will be calculated as per financials based on financial figures for available number of years. Turnover will be considered ‘0’ (Zero) for that particular year. However, Bidder has to provide applicable documents like Certificate of Incorporation and Certificate of Commencement to justify that the Firm is less than 03 (Three) years old.

In case where audited results for the last financial year (i.e. 31st March 2019) as on the date of submission of the tender is not available, the audited results of three consecutive financial years preceding the last financial year shall be considered for evaluating the financial parameters subject to submission of a Certificate signed by CEO / CFO/Partner/Proprietor of the Bidder stating that the financial results of the last financial year of the Company / firm are under audit as on the date of submission of the bid.

Notes to Financial Criteria:

i. Bidder shall not be under liquidation, court receivership or similar proceeding. Undertaking to this effect to be submitted by bidder.

ii. If applicable, Bidder quoting for more than one item will have to comply Turnover requirement on cumulative basis.

Clarificatory Notes to BQC:

a) In case the bidder is executing a rate contract of above nature which is still running and the contract value executed till one day prior to due date of bid submission is equal to or more than the minimum prescribed value mentioned in the BQC, such experience will also be taken into consideration provided that the bidder has submitted satisfactory work execution certificate to this effect issued by the end user / owner / authorized consultant.

b) A job executed by a bidder for its own plant/ projects cannot be considered as experience for the purpose of meeting requirement of BQC of the tender. However, jobs executed for Subsidiary / Fellow subsidiary/ Holding company/ sub contract work executed value against any single order fulfilling BQC criteria will be considered as experience for the purpose of meeting BQC subject to submission of tax paid invoice(s) duly certified by statutory auditor of the bidder and challan towards payments of statutory tax in support

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of the job executed for Subsidiary / Fellow subsidiary /Holding company. Such bidders to submit these documents in addition to the documents specified in the bidding documents to meet BQC.

c) In case audited balance sheets and profit and loss account for the immediate preceding financial year is not available for bid closing date up to 30th September, the Bidder has an option to submit the audited balance sheets and profit & loss account of the three previous years immediately prior to the last financial year. However, for bid closing date after 30th September, the bidder has to compulsorily submit the audited balance sheets and profit and loss account for the immediate three preceding financial years, for evaluation and his qualification with respect to financial criteria. In any case the date (i.e. the financial period closing date) of the immediate previous year’s audited annual accounts should not be older than eighteen (18) months from the bid due date.

8.3 Bidding Entity

8.3.1 Bids may be submitted by:

a) a single person/ entity (called sole bidder);

b) a newly formed incorporated joint venture (JV) which has not completed 3 financial years from the date of commencement of business;

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

d) an Indian arm of a foreign company

Notes regarding Bidding Entity:

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

a) The bidders (including an incorporated JV which has completed 3 financial years after date of commencement of business) shall fulfil each eligibility criteria on individual / combined basis.

b) In case the bidder is a newly formed and incorporated joint venture and which has not completed three financial years from the date of commencement of business, then either the said JV shall fulfil each eligibility criteria or any one constituent member/ promoter of such a JV shall fulfil each eligibility criteria. If the bid is received with the proposal that one constituent member/ promoter fulfils each eligibility criteria, then this 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 will apply:

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

- the Bid shall specifically identify and describe each member of the consortium

- 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);

- One participant member of the consortium shall be identified as the Prime member and contracting entity for the consortium;

- 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;

- the prime member shall fulfil each eligibility criteria;

- a commitment shall be given from each of the consortium members in the form of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member s

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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;

- 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.

- 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;

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

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

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

d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or affiliate) of a foreign bidder, then the foreign bidder shall have to 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.

8.3.2 Sole bidder shall meet each requirement of Bid Qualification Criteria (BQC) as per Clause No. 8.0 of IFB and its sub-clauses.

8.4 Documents required to be submitted by bidder along with the bid for qualification of BQC:

BQC Clause No.

Description Documents required for qualification

BQC -Technical

1.1 (I)

Code Requirement Copy of API 6D License. If the license is pending for renewal with API, bidder shall submit copy of valid license extension letter from API along with expired license.

1.1 (II & III)

Experience

(a) Detailed Purchase order along with Schedule of Rates with prices. (b) Inspection Release Note / Delivery Proof / Completion Certificate having cross reference of Purchase Order.

Note a) In case of rate contract

(a) Detailed Purchase order along with Schedule of Rates with prices. (b) Inspection Release Note / Delivery Proof / Completion Certificate having cross reference of Purchase Order

Note b)

Jobs executed for Subsidiary / Fellow subsidiary / Holding company

Tax paid invoice(s) duly certified by statutory auditor of the bidder and challan towards payments of statutory tax in support of the job executed for Subsidiary / Fellow subsidiary /Holding company.

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BQC Clause No.

Description Documents required for qualification

- Documents Authentication

All documents in support of Technical criteria of bid evaluation criteria (BQC) to be furnished by the bidders shall necessarily be duly certified / attested by Chartered Engineer and Notary Public with legible stamp

BQC-Financial

1.2.1 Annual Turn-over Bidder(s) shall submit copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of any of the three (3) preceding Financial Year(s) along with un-price bid.

- Documents Authentication

All documents in support of Financial criteria of bid evaluation criteria (BQC) to be furnished by the bidders shall necessarily be duly certified / attested by Chartered Accountant and Notary Public with legible stamp

General GST Documentary Evidence for GST registration

Owner reserves the right to reject the bid without making any reference to the bidder.

Notes:

Failure to meet the above qualifying criteria(s) will render the bid to be summarily rejected. Therefore, the bidder shall in his own interest furnish complete documentary evidence including certificate(s) from the client of the work executed etc. to justify that the bidder meets the qualifying criteria.

a) All documents furnished by the bidder in support of meeting the Technical and Financial criteria of BQC shall be submitted in a separate section / booklet along with their unpriced bid. This section / booklet shall be titled as “Documentation against Bid Qualification Criteria (Technical and Financial)” with proper index and page numbering.

b) Owner reserves the right to complete the evaluation based on the details furnished (without seeking any additional information) and / or in-house data, survey or otherwise.

c) Bidder quoting for more than one Item No. will have to comply Turnover requirements on cumulative basis.

d) All documents in support of Technical criteria of bid evaluation criteria (BQC) to be furnished by the bidders shall necessarily be duly certified / attested by Chartered Engineer and Notary Public with legible stamp.

e) All documents in support of Financial criteria of bid evaluation criteria (BQC) to be furnished by the bidders shall necessarily be duly certified / attested by Chartered Accountant and Notary Public with legible stamp.

9.0 BID SECURITY/ EMD

9.1 All bids must be accompanied with Bid Security amount of INR 1.28 Lacs.

9.2 EMD shall be in favour of Hindustan Petroleum Corporation Limited and shall be acceptable in the form of Crossed Demand Draft (Payable at Mumbai (MH) or Bank Guarantees (B.G.) in the prescribed pro-forma from Scheduled Commercial banks in India/ Indian Branch of Foreign Bank. The B.G. shall be valid for a period of 6 months (4 + 2) from the final due date of submission of Bid.

9.3 Following categories of bidders shall be exempted from paying Earnest Money Deposit (EMD):

i) Units registered with National Small Industries Corporation (NSIC).

ii) Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED Act 2006.

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The above are subject to the fulfilling of under mentioned conditions:

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any of the Authorities specified under the Public Procurement Policy for MSE’s (DIC / KVIC / KVIB / Coir Board / NSIC / Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME).

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

c) Registration Certificate is valid as on the techno-commercial bid opening date.

d) Self-attested copy of valid relevant registration certificate should be submitted in support.

e) Registration with DGS&D will not entitle a Tenderer to claim above exemption.

iii) Public Sector Enterprises

9.4 If applicable, Bidder quoting for more than one Item No. will have to comply bid security requirements on cumulative basis.

10.0 SUBMISSION OF ORIGINAL DOCUMENTS

10.1 The following documents, in addition to uploading in the bid on HPCL’s e-procurement site, shall also be submitted in Original (in physical form) within 7 (seven) days from the bid due date provided the scanned copies of the same have been uploaded in e-tender by the bidder along with e-bid within the due date and time to the TE office, Gurgaon:-

i. Bid Security / EMD

ii. Power of Attorney

iii. Integrity Pact

Bidders to ensure that above mentioned original documents reaches to concerned officials as per details below:

Chandan Kumar Singh / Sunil Kumar Gupta Project Manager Tractebel Engineering Pvt. Ltd. Intec House, 37 Institutional Area, Sector 44, Gurgaon-122002. Tel. No. +91 124 4698500 E-mail : [email protected] / [email protected]

11.0 PRE-BID MEETING

11.1 The pre-bid meeting, shall be held as per the schedule in the IFB to clarify the techno-commercial issues related to the tender. The authorised representatives of the parties who have downloaded the tender document from the HPCL website https://etender.hpcl.co.in/ shall only be allowed to attend the meeting. Further, during the pre-bid meeting, HPCL may also arrange demonstration of the e-tendering system to the vendors present and who may be interested in attending the same.

11.2 Bidders in their own interest are advised to take part in the pre-bid meeting seriously by issuing their genuine queries and also by attending the pre-bid meeting by their competent personnel. This will help bidder not only to cut short of the evaluation time leading to requirement of shorter bid validity but also enable them to submit their best prices based on the clear techno commercial scope.

11.3 Non-attendance of the pre-bid meeting shall not be a cause of disqualification of the bidder.

11.4 In case any Bidder does not attend the pre-bid meeting, it shall be understood that the Bidder has a clear understanding of the BQC, scope, terms and conditions of the Bidding Document and does not have any comment / deviation to the requirement of Bidding Document and this shall not be considered a cause for extension of E- bid submission date.

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11.5 All communication regarding the tender including queries, if any, and submission of offers shall be done online within the e-Procurement system at website https://etender.hpcl.co.in.

11.6 Please note that queries related to scope of job, tender specifications, terms & conditions etc should be submitted on –line only (by logging in at https://etender.hpcl.co.in) by the query end date / time specified in the online tender. The reply of queries sent by bidders/ messages issued by HPCL pertaining to tender shall be available on tender message board. HPCL, at its sole discretion, may not entertain the queries sent by post / fax/ e-mail or through any other mode of communication. Bidders to get themselves acquainted to HPCL E-Tendering platform instructions of which are attached to ITB document.

12.0 ZERO DEVIATION BIDS

12.1 This is a ZERO deviation bidding process. Bidder is to ensure compliance of all provisions of the bidding document and submit their bid accordingly. Bids with any deviation to the bid conditions shall be liable for rejection.

13.0 GENERAL

a) HPCL/TE reserves the right to carry out capacity & capability assessment of the bidder using in-house information and past performance.

b) HPCL/TE will not be responsible or liable for cost incurred in preparation, submission & delivery of bids, regardless of the conduct or outcome of the bidding process.

c) Canvassing in any form by the Bidder or by any other agency on their behalf may lead to disqualification of their Bid.

d) Unsolicited clarifications to the bid offer and / or change in the prices during the validity period would render the bid liable for rejection.

e) Award of work shall be based on Reverse Auction which will be conducted for finalizing this Tender. Please refer ITB for further details.

f) HPCL/TE reserves the right to reject any or all the bids received or annul the bidding process at any time at their sole discretion without assigning any reason whatsoever.

g) HPCL will allow Public Sector Enterprises (Central / State), purchase preference as admissible / applicable from time to time under the existing Govt. policy. HPCL shall also follow the Public Procurement Policy on Procurement of Goods and services from Micro and Small Enterprises (MSEs) Order 2012.

h) All other terms and condition shall be as per the bidding documents.

i) Bidder shall furnish necessary documentary evidence along with the bid, by way of track record, copies of work order, division of responsibilities for the work performed, completion certificate, MOU document/ commitment letters etc. as per requirement. In absence of such documents, HPCL reserve the right to reject the Bid without making any reference to the Bidder or assigning any reason what-so-ever. Bidder shall provide documentary proof in the form of purchase order / contract letter. Offers received without documentary proof are liable for rejection.

j) HPCL / TE, at its discretion reserves the right to verify information submitted and inspect the facilities at party’s work to confirm their capabilities.

k) HPCL decision on any matter regarding short listing of bidders shall be final.

l) Bids of bidders on “Holiday” as per HPCL/PSU or its subsidiaries records shall not be considered for evaluation and ordering.

m) Failure to meet the above Qualification Criteria will render the Bid liable to be rejected. Therefore, the bidder shall in his own interest furnish complete documentary evidence in the first instance itself, in support of their fulfilling the Qualification Criteria as given above.

n) HPCL reserves the right to complete the evaluation based on the details furnished without seeking any additional Information.

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o) All documents submitted should be in English only.

14.0 EVALUATION METHODOLOGY

14.1 The Price Bids of only techno-commercially acceptable bidders shall be opened and will be considered for evaluation.

14.2 Evaluation shall be done on Overall Lowest Cost Basis. Applicable GST will be considered for evaluation;

Following shall be evaluated;

i) Ex-works price including packing & forwarding.

ii) Freight including transit insurance, unloading and stacking at HPCL’s store / site

iv) GST on i) + ii) above

The PURCHASER / CONSULTANT will evaluate and compare bids on complete scope of work.

Notes:

a) In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote the price inclusive of the GST (CGST&SGST/UTGST or IGST). Further, such bidder should mention “Cover under composition system” in column for GST (CGST&SGST/UTGST or IGST) of price schedule.

b) In case any cess on GST is applicable, same shall also be considered in evaluation.

c) Bids not conforming to technical specifications / requirements shall be rejected.

15.0 AWARD METHODOLOGY

15.1 The Owner will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined to be the lowest evaluated bid, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily.

15.2 Bidders are informed that Reverse Auction will be conducted for finalizing this Tender.

15.3 HPCL reserves the right to conduct price negotiation with L1 bidder based on price quoted in SOR and RA.

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INSTRUCTIONS TO

BIDDERS (ITB)

P.013702 D 11031

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Rev. 0 Supply of Ball Valves for City Gas Distribution Project

HINDUSTAN PETROLEUM CORPORATION LIMITED (HPCL)


SUPPLY OF BALL VALVES FOR CITY GAS DISTRIBUTION PROJECT

SECTION-II

INSTRUCTIONS TO BIDDERS (ITB)

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INSTRUCTIONS TO

BIDDERS (ITB)

P.013702 D 11031

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Rev. 0 Supply of Ball Valves for City Gas Distribution Project Page 1 of 1

TABLE OF CONTENTS

1.0 COST OF BIDDING ............................................................................................................ 1 2.0 BID DOCUMENT ................................................................................................................ 1 3.0 LANGUAGE OF BID ............................................................................................................ 1 4.0 BID DUE DATE AND TIME ................................................................................................. 1 5.0 PERIOD OF VALIDITY OF BIDS: ....................................................................................... 1 6.0 MODIFICATION AND WITHDRAWAL OF BIDS ................................................................. 2 7.0 BID PARTS ........................................................................................................................ 2 8.0 DOCUMENTS COMPRISING THE BIDS .............................................................................. 2 9.0 PREPARATION & SUBMISSION OF BIDS .......................................................................... 3 10.0 OPENING OF BIDS ............................................................................................................ 4 11.0 EVALUATION OF BIDS ...................................................................................................... 4 12.0 REJECTION CRITERIA ...................................................................................................... 5 13.0 QUOTED PRICES - PRICE SHALL BE QUOTED CONSIDERING THE FOLLOWING: ............ 7 14.0 COMPARISION OF BID ..................................................................................................... 7 15.0 CONTACTING THE OWNER/ OWNER’S CONSULTANT ...................................................... 7 17.0 OWNER’S/OWNER’S CONSULTANT’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY

OR ALL BIDS ..................................................................................................................... 8 18.0 NOTIFICATION OF AWARD............................................................................................... 8 19.0 LATE BIDS ......................................................................................................................... 8 20.0 INTEGRITY PACT .............................................................................................................. 8 21.0 REBATE ............................................................................................................................. 9 22.0 APPOINTMENT OF TRACTEBEL ENGINEERING PVT LIMITED (TE) BY OWNER (HPCL) ... 9 23.0 POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC)

.......................................................................................................................................... 9 24.0 PROVISIONS FOR START UPS [APPLICABLE FOR INDIAN BIDDERS ONLY] (AS DEFINED

IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM TIME TO TIME) ... 9

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INSTRUCTIONS TO BIDDERS (ITB)

1.0 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the bid, including the costs & expenses for visiting site(s) OWNER/CONSULTANT will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

2.0 BID DOCUMENT

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

2.2 The bidder's scope of supplies as specified in the Material Requisition/technical Specifications shall be in strict compliance with the scope detailed therein and in the bid document.

3.0 LANGUAGE OF BID

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

4.0 BID DUE DATE AND TIME

4.1 Bids must be received online before due date & time.

4.2 The Owner/Consultant may, at its discretion, on giving reasonable notice online / (intimation may be published in newspapers, in case of public tender), extend the bid due date, in which case all rights and obligations of the Owner and the Bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.

4.3 Request for extension of tender submission due date, if any, received from bidders within three (3) days of tender submission due date /time shall not be considered.

4.4 AMENDMENT OF BID DOCUMENT

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

The amendment/corrigendum to tender shall be published only at HPCL e-procurement site https://etender.hpcl.co.in and HPCL web site. Bidders are advised to visit these websites regularly to keep themselves updated. In case bidder has submitted the online bid before corrigendum, such bidder hall be required to modify /edit the already submitted bid before tender submission due date/extended due date whichever is later. In case of bidder submitted the bid without compliance /confirmation /acceptance to corrigendum, he shall not be allowed to revise the bid price /rates on account of compliance/acceptance /confirmation to corrigendum. Such bidder shall be given opportunity during evaluation to accept/confirm compliance to corrigendum without revision in rates and taxes, failing which the bid shall be rejected at the sole discretion of the HPCL.

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

5.0 PERIOD OF VALIDITY OF BIDS:

5.1 Bids shall be kept valid for 120 days from the final bid due date. A bid valid for shorter period shall be rejected as per clause 12.0 (Rejection Criteria) of Instructions to Bidders. The bidder shall not be entitled during the said period of 120 days, without the consent in writing of the Owner / Consultant to revoke or cancel its bid or

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to vary the bid given or any term thereof. In case of bidder revoking or cancelling its bid without the consent of the Owner in writing, the Owner shall forfeit the Bid Security furnished by Bidder.

5.2 Notwithstanding above, the Owner may solicit the Bidder’s consent to an extension of the period of bid validity. The request and the responses thereto shall be made on line/ or through any other means of communication decided by the owner. The bid security/EMD shall also be accordingly extended by the bidder at no extra cost to the owner.

6.0 MODIFICATION AND WITHDRAWAL OF BIDS

6.1 The Bidder may modify or withdraw his bid after the bid’s submission, provided that the modification/ withdrawal notice is received by the Owner / Consultant prior to the bid due date & time.

6.2 No bid shall be modified subsequent to the due date & time or extension, if any, for submission of bids. Bidder(s) to note that unsolicited price changes (including changes in taxes, duties mentioned & their applicability) after submission of bid shall not be allowed. In case any bidder gives unsolicited revised prices/price implication, his bid shall be rejected and EMD/ Bid security submitted by the bidder shall be forfeited, however, any unilateral rebate shall be dealt as per clause no. 21 of ITB.

6.3 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder. Withdrawal of a bid during this interval shall result in the forfeiture of Bidder’s EMD/Bid security and further action as per corporation (HPCL) policy.

6.4 No new deviation will be received/ accepted from bidder after bid due date & time. In case bidder submits new deviation, his bid will be rejected. At the sole discretion of the owner bidder may be given opportunity to withdraw the deviation and in case the same is not withdrawn by the bidder, the offer of the bidder shall be rejected & EMD/ Bid security submitted by the bidder shall be forfeited.

7.0 BID PARTS

Bid shall be in two parts: Part-I shall be un-priced bid & Part-II shall be priced bid. Bidder shall include bid security, tender fee (if applicable), integrity pact duly signed & stamped, un-priced price schedule duly filled as “quoted” in each cell of price schedule etc. with Part-I and quoted price in Part-II.

8.0 DOCUMENTS COMPRISING THE BIDS

8.1 The bid prepared by the Bidder shall comprise the following components:

8.1.1 UNPRICED BID (PART-I):

a. Original Bid Security & Tender Fee (if applicable) - Original DD/ BG in physical form to be received on or before Bid due date and time, however, in e-tender a scanned copy of the same also to be uploaded with the offer at e-portal https://etender.hpcl.co.in.

In case Bid Security / EMD is not received as per clause 9.0 of IFB, the offer of the bidder shall be rejected. Bidders are advised to instruct their banks not to post Bid Security directly to Owner as the same has to accompany the bid, to Tractebel Engineering (TE).

Details of beneficiary for issuance of bank guarantees are given below:

Bank Guarantee to be issued in favour of;

HINDUSTAN PETROLEUM CORPORATION LIMITED

Address: 17, Jamshedji Tata Road, Mumbai 400 020.

HPCL Beneficiary’s Bank Name: ICICI Bank

Bank Address : Backbay Reclamation, Mumbai 400 020

ISFC Code: ICIC0000393.

HPCL’s Customer ID: 508902133

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b. Integrity Pact - Original in physical form to be received on or before Bid due date and time, however, in e-tender a scanned copy also to be uploaded with the offer at e-portal https://etender.hpcl.co.in.

c. Power of Attorney in Original in physical form in favour of signatory of the bid.

d. Tender document including Corrigendum, if any, and subsequent correspondences duly stamped and signed on each page as a token of acceptance. Please note no hard copy of documents shall be taken in case of e-tender except the documents stated in the note at the end of this clause.

e. All form and format dully filled in.

f. Documentary evidence in support of Pre-Qualification criteria as stipulated in the Bid Document.

g. Copies of Purchase Orders, Financial Statement (Balance Sheet and Profit & Loss Account) for last three preceding financial years.

h. Taxes & Duties Statement – shall be same as filled in Price Schedule & should not be separately submitted by the bidder.

i. Agreed Terms & Conditions duly filled-in.

j. Declaration with the bid that bidder has not been banned or delisted or put on holiday or Black listed by any Government or quasi Government agencies or PSU's as per Form-8 in the Bid Document.

k. Documentary evidence establishing Bidder’s eligibility to bid and that the offered Goods conform to the Bid Document.

l. An Undertaking from the Bidder Confirming that their Plant / Facility has Adequate Capacity to handle Concurrent Orders and the Supplies to be made to HPCL will not get delayed due to the concurrent orders from other Clients as per Form-10 of the Bid Document.

m. Bid Form as per Form-9 of the Bid Document.

n. Certificate of Incorporation & Memorandum & articles of Association or Copy of Partnership deed

o. Any other document bidder intends to submit or sought by TE/ HPCL.

NOTE: The documents sought under clause 8.1.1 a to 8.1.1 c are to be received by TE by bid submission date & time in hard copy at the address mentioned below. However, scanned copies of documents under clause 8.1.1 a to 8.1.1 c along with balance documents are to be uploaded at HPCL e-tender website.

Chandan Kumar Singh / Sunil Kumar Gupta Project Manager Tractebel Engineering Pvt. Ltd. Intec House, 37 Institutional Area, Sector 44, Gurgaon-122002. Tel. No. +91 124 4698500 E-mail : [email protected] / [email protected]

8.1.2 PRICED BID (PART-II):

It shall consist of Price Bid only. It shall be uploaded on the e-portal https://etender.hpcl.co.in

9.0 PREPARATION & SUBMISSION OF BIDS

9.1 Bids shall be submitted by the due date & time.

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

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

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

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9.5 Each Bidder shall submit only one bid. A Bidder who submits more than one bid or Alternative bids will be rejected.

10.0 OPENING OF BIDS

Unpriced bid shall be opened by Consultant / HPCL on the date and time specified in IFB/ E-tender. Date & time for opening of price bids shall be advised later to only techno-commercially accepted bidders.

In case of e-tender, the bids shall be opened on line and bidders shall be able to view details by logging in. Physical presence of bidders at consultant’s / HPCL’s office shall not be allowed for witnessing bid opening.

11.0 EVALUATION OF BIDS

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

11.2 The bids without requisite Bid Security and/or not in the prescribed proforma will not be considered and bids of such bidder Bidder(s) shall be rejected at the sole discretion of Consultant / HPCL.

11.3 Qualification of Bidder: The experience details and financial and technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) meet the Qualification Criteria mentioned in the INVITATION FOR BIDS (IFB).

11.4 a) After tender submission due date & time/ extended due date & time (as the case may be) the bidders shall not make any subsequent price changes/Changes on taxes quoted, whether resulting or arising out of any technical / commercial clarifications sought/allowed on any deviations or exceptions mentioned in the bid unless discussed and agreed by HPCL in writing. In case a bidder submits the bid without confirmation/compliance /acceptance to corrigendum’s (issued before bid submission due date/extended due date), bidder shall not be allowed to change the bid price /rates on account of compliance /acceptance/confirmation to such corrigendum.

11.5 b) To assist in the examination, evaluation and comparison of Unpriced bids, the Owner/Owner’s Consultant may, at its discretion, ask the Bidder clarifications on the bid. The request for such clarifications and the response thereto shall be in writing and shall be binding on the bidder.

11.6 Bidder(s) to note that Price changes against Technical/Commercial clarification, if any, in line with terms & conditions of enquiry documents are not allowed. In case, any bidder gives revised prices/price implications (including revision in taxes /duties & their applicability) against such clarification, it would amount to unsolicited post bid modification by the bidder and action shall be taken by the owner as per clause “MODIFICATION AND WITHDRAWAL OF BIDS” mentioned above. However, the owner/Owner’s consultant reserves the right to seek cost implication/revised rates from all the vendors in case of a revision in technical specification/scope of job.

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

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

11.9 Bidders are requested to accept tender terms/conditions in totality and should avoid deviations.

11.10 In case deviations to tender terms/conditions are unavoidable, the same should be mentioned in ONLINE DEVIATION SHEET. Deviations mentioned elsewhere shall not be considered by HPCL/CONSULTANT.

11.11 The price bids of techno-commercially accepted bidders shall only be opened. The evaluation criteria shall be ITEM-WISE LOWEST on delivered cost (FOT SITE) bases.

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11.12 No set off (including set off on account of taxes/duties) shall be considered in evaluation for deciding L1 bidder.

11.13 In case, bidder is evaluated L1 bidder and has mentioned deviation to tender terms not in online deviation sheet, but elsewhere and is not withdrawing those deviations, HPCL shall forfeit the EMD/Bid security of the bidder in such cases.

11.14 In case any deviations sought by bidder is accepted by Owner / Consultant, Owner / Consultant reserves the right to suitably load the bidder for evaluation purpose only.

11.15 Evaluation shall be carried out based on price quoted by bidder including stated taxes & duties as on date of opening of unpriced bid. For import content also, if any, no exchange rate variation / Customs duty variation shall be considered.

11.16 Non acceptance of commercial terms and conditions may result in rejection of your offer, or suitable commercial loading e.g. for non-acceptance of PRS clause, loading @ as defined for PRS shall be imposed. Deviations on payment terms shall be loaded with interest rate of SBI's Prime lending rate (PLR) + 1% prevailing on tender submission due date / extended due date (whichever is later)". Deviation on Delivery Period shall be loaded @ 0.5% of total contract value excluding taxes & duties for each additional week (or part thereof) quoted by the bidder beyond the Delivery Period stipulated in tender.

11.17 Foreign exchange variation/import duty variations shall not be considered for evaluation in case of domestic bidder.

11.18 Reverse Auction

Please note that HPCL reserves the right to carry out “ONLINE REVERSE AUCTION”, for determining the lowest bidder, for the requirements mentioned in this Tender Enquiry. Bidders are requested to submit their “Un-Priced” & “Priced” bids online as per the “Instructions to Bidders” and other documents attached with the tender. The Un-Priced Bids of the participating bidders will be opened as per the date & time mentioned in the tender calendar. After Techno-Commercial evaluation, in case it is decided to finalise the tender through Online Reverse Auction process, the qualified bidders would be advised regarding the modalities for participating in the Reverse Auction. In the event of the tender being finalized through Reverse Auction process, the online “Priced” bids submitted by the bidders will not be opened.

Bidders are requested to confirm their willingness to participate in “Online Reverse Auction”, in the “Agreed Terms & Conditions”, where provision for the same has been provided. Please note that non-acceptance to participate in the Reverse Auction process may lead to rejection of your offer. Bidders are requested to note that the decision to conduct Reverse Auction or not is entirely at the discretion of HPCL, and in case it is decided not to conduct the Reverse Auction, then the online “Priced Bids” submitted by the vendors shall be opened and lowest bidder shall be determined on the basis of these bids. Bidders are requested to take specific note of this provision and submit their online “Priced” bids accordingly

12.0 REJECTION CRITERIA

12.1 Bidder’s Bid shall be considered non-responsive and rejected as explained below, if bidder deviates from the under mentioned provisions of Bid Documents by the Bidder:

S.No Clause Reference Document

i. Bid Security (EMD) Clause No. 9 of IFB ii. Tender Fees (if applicable) As per IFB

iii. Mention rates anywhere else in the tender other than on-Line Price Bid

Clause no. 10 of (E-Tender Instruction – For Supply Tender)

iv. Contract Performance Bank Guarantee Clause No 4.0 of STC v. Period of validity of bids shorter than specified Clause No 5.0 of ITB

vi. Force Majeure Clause No 19 of General Terms & Conditionsvii. Guarantee / Warranty Clause No 31 General Terms & Conditions

viii. Firm Prices Clause No 2.2 of STC ix. Unsolicited Price change/implication

(including revision in taxes / duties & their Clause. no. 6.2 of ITB

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applicability) after bid submission due date / extended due date, however, any unilateral rebate shall be dealt as per clause no. 21 of ITB.

x. Integrity Pact (if applicable) As per attached IP xi. Arbitration Clause Clause no.41 of General Terms & Conditions

for Supplyxii. Non Submission of declaration of not banning

/ holiday listing/delisting from government of India /ministries of Govt. of India / PSU

Form 8

xiii. Non-conformance of scope of work/technical specifications.

Technical Specifications as provided in Tender

xiv. Workability Clause Clause no. 16.2 of ITB

For SL. No. iv) to xiv), OWNER/CONSULTANT reserves the right to provide opportunity to the bidder to withdraw the deviation. In case bidder fails to withdraw the deviation within the date & time specified by OWNER/CONSULTANT, the bid shall be rejected.

Abbreviation:

STC: Special Terms and Conditions

IFB: Invitation for Bids

ITB: Instructions to Bidders

GTC: General Terms and Conditions

12.2 Bids that do not meet the bidder qualification criteria (BQC) as specified in the bid document shall also be rejected.

12.3 A bid with incomplete scope of work/supply and/or which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected.

12.4 Conditional price bids shall be rejected.

12.5 After tender submission due date & time/ extended due date & time (as the case may be) the bidders shall not make any subsequent price changes, whether resulting or arising out of any technical / commercial clarifications sought/allowed on any deviations or exceptions mentioned in the bid unless discussed and agreed by OWNER in writing.

12.6 Price must be furnished in the Price Schedule format enclosed and shall be strictly based on the terms specified under "Bid Prices" & "Taxes & Duties" specified in the bid document. Non-compliance of this requirement shall make the bid liable for rejection.

12.7 Non acceptance of commercial terms and conditions may result in rejection of your offer, or suitable commercial loading.

12.8 Owner / Consultant reserves the right to reject offers not meeting its Technical requirements and/ or commercial conditions.

12.9 Wrong Information

If the Bidder deliberately gives wrong information in his Bid to create circumstances for the acceptance of his Bid, Owner/ Consultant reserves the right to reject his BID without any reference to the Bidder.

12.10 In case bidder is on the holiday list/Banned/Blacklisted/Delisted by any Government or quasi Government agency or PSU, his offer may be rejected at the sole discretion of Owner.

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13.0 QUOTED PRICES - PRICE SHALL BE QUOTED CONSIDERING THE FOLLOWING:

I. Indian bidders:-

A. The prices of goods quoted on FOT Site basis including all P&F, customs duties, taxes & duties for any imported component.

B. Indian Bidders shall submit bid in Indian Rupees only and shall submit prices based on following;

a) FOT despatch Point Price including Packing, forwarding and loading on to trailers/ trucks.

b) GST as applicable on finished goods.

c) Freight charges on door delivery basis to respective site inclusive of applicable GST.

d) Charges towards Supervision of Erection/Installation, Testing & Commissioning based on number of days as specified in MR & applicable GST on supervision of Erection/Installation, Testing & Commissioning.

e) Excluding Third Party Inspection Charges (in case bidder quotes TPI charges, the same neither shall be considered for evaluation of price nor paid)

f) Technical / Commercial Loading, if any

Note: The on line bidding shall facilitate to quote above components separately along with basic rate. Please also refer “e-Tender Instructions” included in the tender.

14.0 COMPARISION OF BID

14.1 The Consultant will evaluate and compare bids previously determined to be substantially responsive pursuant to the provisions of the bid document.

14.2 The “Price Schedule” as quoted for Item Wise Basis (as stated in IFB/ Price Schedule) shall be taken up for evaluation.

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

14.4 If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price with quantity and with quoted taxes, the unit price shall prevail and the total price shall be corrected considering the taxes quoted by the bidder and applicability of taxes / duties defined by the bidder in his bid.

14.5 The comparison of price bids for techno-commercially accepted bidders shall be done as per evaluation criteria defined under clause 11 of ITB.

14.6 PURCHASE/PRICE PREFERENCE

14.6.1 OWNER/CONSULTANT will follow purchase preference policy as per prevailing guidelines of Government of India.

15.0 CONTACTING THE OWNER/ OWNER’S CONSULTANT

15.1 No Bidder shall contact the Owner/Owner’s Consultant on any matter relating to its bid, from the time of bid opening to the time the Contract is awarded.

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

16.0 AWARD CRITERIA

16.1 The Owner will award the Contract to the successful Bidder whose bid has been determined to be the lowest responsive bid evaluated on the basis as defined at clause no. 14.0 of IFB/ clause no. 11 of ITB, subsequent to

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the bid being declared Techno-Commercially qualified and the bid is determined to be workable as per workability clause given below (delivered cost basis).

16.2 Workability Clause

Where the lowest bid is very low compared to the cost estimate and other higher bids, the Owner/ Consultant shall review the lowest offered bid for workability of rates and shall ascertain whether Bidder has properly quoted with reference to the scope. In such cases, Owner/ Consultant may require the lowest Bidder to produce detailed price analysis for any or all items to demonstrate the internal consistency of these prices. After evaluation of the price analysis, Owner/ Consultant may require that the amount of the performance security is increased to a level sufficient to protect the Owner against financial loss in the event of default of the successful Bidder under the contract and same shall be provided by the bidder.

Where based on workability assessment by authority (HPCL), the vendor's bid is found non-workable, the same will be rejected and EMD, if any, forfeited.

16.3 The price bids of techno-commercially accepted bidders shall only be opened.

17.0 OWNER’S/OWNER’S CONSULTANT’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

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

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

18.0 NOTIFICATION OF AWARD

18.1 Prior to the expiration of period of bid validity, the Owner will notify the successful Bidder in writing or by fax or by e-mail, that his bid has been accepted. The Notification of Award will constitute the formation of the Contract.

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

19.0 LATE BIDS

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

19.2 Telex/ Telegraphic/ Telefax/ E-mail offers will not be considered and shall be rejected.

20.0 INTEGRITY PACT

The tenderer shall upload duly filled signed & stamped Integrity Pact with Owner as per the enclosed Integrity Pact Agreement.

DETAILS OF INDEPENDENT EXTERNAL MONITOR (IEM)

a) Shri Arun Chandra Verma,IPS (Retd.)

b) Shri Jyoti Swaroop Pandey

c) Shri Kata Chandrahas

C/o The Company Secretary, HPCL, 6thFloor, Petroleum House, 17, Jamshedji

Tata Road, Church gate, Mumbai 400020.

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21.0 REBATE

21.1 If a bidder offers a rebate unilaterally after the closing date and time of the bid, it will not be taken into account for evaluating purposes, but if that bidder emerges as the lowest evaluated, the rebate offered will be taken into account and shall be binding on the bidder for award of work.

22.0 APPOINTMENT OF TRACTEBEL ENGINEERING PVT LIMITED (TE) BY OWNER (HPCL)

22.1 TE will function/act as EPMC consultant for the project. HPCL has all rights to forward bids to consultant for evaluation purpose.

22.2 After placement of order for supply of tendered item, EPMC will take care of all technical aspects of order, execution of PO, inspection etc.

23.0 POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC)

The policy for providing purchase preference (linked with Local content) is enclosed as Form 11.

24.0 PROVISIONS FOR START UPS [APPLICABLE FOR INDIAN BIDDERS ONLY] (AS DEFINED

IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM TIME TO TIME)

Not Applicable

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SPECIAL TERMS AND CONDITIONS (STC)

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Rev 0 Supply of Ball Valves for City Gas Distribution Project



SUPPLY OF BALL VALVES FOR CITY GAS DISTRIBUTION

PROJECT

SECTION-IV


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Rev 0 Supply of Ball Valves for City Gas Distribution Project Page 1 of 1

TABLE OF CONTENTS

1.0 BRIEF SCOPE OF WORK .......................................................................................... 1 2.0 BID PRICES ............................................................................................................. 1 3.0 DELIVERY PERIOD .................................................................................................. 2 4.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG / PBG] ............................... 2 5.0 PAYMENT TERMS .................................................................................................... 3 6.0 RECOVERY OF FAILURE OF ITEMS: ........................................................................ 4 7.0 LIABILITY CLAUSE.................................................................................................. 4 8.0 GOVT. ACTS/ REGULATIONS .................................................................................. 4 9.0 INDEMNIFY OWNER ............................................................................................... 4 10.0 SUBSTITUTION AND WRONG SUPPLIES ................................................................ 4 11.0 VALIDITY OF OFFER: .............................................................................................. 5 12.0 PRICE REDUCTION SCHEDULE ............................................................................... 5 13.0 STATUTORY APPROVALS ........................................................................................ 5 14.0 COMPLIANCE OF LAWS........................................................................................... 5 15.0 COORDINATION WITH OTHER AGENCIES ............................................................. 6 16.0 SUB-LETTING OF CONTRACT .................................................................................. 6 17.0 CONTRACT CUM EQUIPMENT PERFORMANCE GUARANTEE ................................... 6 18.0 ANNUAL RATE CONTRACT CONDITIONS ................................................................ 6

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The following articles shall supplement the Instructions to Bidders and General Terms and Conditions (GTC). In case of any conflict between Instructions to Bidders and General Terms and Conditions (GTC) and Special Terms and Conditions, the latter shall prevail to the extent applicable.

1.0 BRIEF SCOPE OF WORK

Bidder’s scope of supplies shall be in strict compliance with the enclosed Technical specifications.

2.0 BID PRICES

2.1 Prices shall be furnished strictly in the appropriate price Schedule format enclosed with the bid document (Refer ITB).

2.2 Quoted prices for supply/ services shall remain firm and fixed till complete execution of order irrespective of any change in cost of raw material, labour, statutory or otherwise and or variation in quantities as per clause 2.7 of STC.

2.3 Quoted prices shall be inclusive of all testing and inspection requirements (including stage wise and final inspection by Owner/ Owner’s Consultant for which no extra charges shall be paid) as specified in the bid document. However, Personal and incidental expenses of Owner’s / Owner’s Consultant’s inspectors are not in vendor’s scope.

2.4 Bidder’s quoted prices shall be deemed to include entire scope of work and all obligations and responsibilities to be carried out/ executed by the Bidder as per terms of bid document.

2.5 The supplier / contractor agrees to and does hereby accept full and exclusive liability for the payment of Anti Dumping Duty now or hereafter imposed, increased, modified. Tax deductions will be made as per the rules and regulations in force in accordance with acts prevailing from time to time.

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

2.7 Quantity Variation & Payment Basis

Owner reserves the right, at the time of award of contract, to increase or decrease the quantity of goods for all items as specified in the bid document up to +/-25% without any change in the unit prices (as well as lump sum prices, if any) and other terms and conditions. Bidder’s quoted prices shall be valid for such quantity variation.

2.8 Income Tax / Corporate Tax:

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

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

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

2.9 Taxes & Duties

2.9.1 Bidder shall correctly ascertain all applicable taxes & duties and quote rates accordingly. Evaluation shall be done as per the taxes quoted by the bidder. However, payment shall be made by HPCL as per prevailing rates (current rate is 18%) or taxes quoted by the Bidder, whichever is less. Further the payment shall be made as per the taxes quoted by the Bidder on submission of statutory document (like invoice etc.). In case the bidder has quoted lower Tax rates than rates prevailing at the time of Bidding, then total liability will be grossed up and differential tax payment to bidder shall be adjusted against the base rate quoted by the Bidder.

2.9.2 Bidder shall not be allowed to change taxes/duties after tender due date/extended due date without the written consent of Owner / Consultant.

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2.9.3 In case of delay in delivery/Delay in completion due to reasons attributable to bidder, any new or additional taxes or duties levied by statutory authorities during this period shall be borne by the Bidder.

2.9.4 Any decrease in the rate of these taxes and duties shall be passed on to the Purchaser even after contractual delivery period.

2.9.5 Irrespective of taxes/duties quoted by bidder in the tender, bidder shall be fully responsible for the payment of any and all taxes, duties, levies, including taxes applicable based on location of site and statutory payments payable under all or any of the statutes etc." Any liability including statutory liability arising in future shall be borne & paid by the bidder. The statutory variation in taxes & duties shall be dealt as per clause 2.9 above.

2.9.6 Bidder would be required to submit tax invoice (as per GST Act / Rule) at the time of payment (in case job is awarded to the bidder).

2.9.7 Until & unless specified in tender, Road Permit shall not be issued by HPCL

3.0 DELIVERY PERIOD

3.1 The Delivery schedule for each part shall be as defined in IFB.

3.2 It may be noted that bids offering delivery beyond the delivery schedule as specified in will be treated as non-responsive and rejected.

3.3 After award of order, vendor may improve the deliveries when compared to delivery period stipulated in bid document.

3.4 HPCL’s Designation Storage Yard shall be located at Panipat as per details below;

HPCL POL DEPOT -VILLAGE BAHOLI, NEAR IOCL REFINERY TEHSIL-PANIPAT DISTT. PANIPAT (HARYANA) PANIPAT – 13211

4.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG / PBG]

4.1 Further to Terms specified in clause 31 of General Terms and Conditions, as a Performance security, the successful Bidder, to whom the work is awarded, shall be required to furnish within 15 days of notification of award of contract (Letter of Intent / Fax of acceptance) a Performance Bank Guarantee as per proforma attached herewith in favor of the Owner.

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

4.3 The CPBG shall be in the form of an irrevocable Bank Guarantee (in the format at Form-5) issued by any Scheduled Bank other than Cooperative Bank. Bank Guarantee shall be in favour of ‘M/s Hindustan Petroleum Corporation Limited’.

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

4.5 The Total Order Value for CPBG purpose shall be construed to include only basic rate, exclusive of duties / taxes / freights etc.

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

4.7 The Performance Guarantee will be returned to the Bidder without any interest at the end of the warranty / guarantee period subject to fulfilment of all contractual obligations by the Bidder.

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4.8 The PBG shall be held interest free and no bank charges shall be payable by Owner / Consultant towards the PBG submitted by the bidders.

5.0 PAYMENT TERMS

5.1 Payments shall be released by the Owner against pre-receipted invoice, submission of a copy of valid performance guarantee and other documents complete in all respect meeting the requirement of contract document.

5.2 Payment terms shall be as below;

5.2.1 100% of the invoice value along with taxes and duties shall be paid within 30 days on receipt of Goods at designated HPCL Site / store & final acceptance by owner upon submission of the following:

(i) Commercial invoice in triplicate

(ii) GST compliance invoice

(iii) LR or GR (original)

(iv) Packing List

(v) Dispatch clearance issued by Purchaser

(vi) Inspection release note issued by Purchaser / TPIA

(vii) Guarantee / Warrantee Certificate

(viii) Certificate of receipt of goods at Purchaser’s store

(ix) Final Documents as per tender

5.2.2 Mode of Payment

Payment will be released through E-payment.

The INVOICE shall be raised in favour of OIC, HPCL as mentioned in PO.

5.2.3 Deduction at Source

5.2.3.1 Purchaser will release the payment to the Seller after effecting deductions as per applicable law in force.

5.2.3.2 Purchaser will release payments to the Contractor after offsetting all dues to the Purchaser payable by the Contractor under the Contract.

5.2.4 Paying authority:

Invoice/ Bill(s) (as per GST Act/ Law) shall be raised in the name of Hindustan Petroleum Corporation. Exact details shall be provided to successful bidder.

Wherever possible, payment shall be tendered to the contractor in electronic mode (e-payment) through any of the designated banks. The contractor will comply by furnishing full particulars of Bank account (mandate) to which the payments will be routed. Owner reserves the right to make payment in any alternate mode also.

IN CASE THE ORDER IS FINALISED ON YOU AND THE MANDATE FOR PROCESSING E-PAYMENT HAS NOT BEEN SUBMITTED BY YOU, THEN THE PAYMENT MAY NOT BE EFFECTED TILL THE SUBMISSION OF EMANDATE BY YOU AND UPDATION OF NECESSARY AT OUR END. ANY CONSEQUENT DELAYS IN PAYMENT WILL BE TO YOUR ACCOUNT AND HPCL SHALL NOT BE RESPONSIBLE FOR THE SAME. IN CASE THE E-MANDATE HAS BEEN SUBMITTED EARLIER THE SAME IS NOT REQUIRED TO BE RE-SUBMITTED.

5.2.5 E-Way Bill

The consignment should be handed over to transporter with E-way bill, wherever required as per law/act. In case such e-way bill is required to be issued by HPCL, the concerned designated order issuing authority may be contacted in this regard. It will be the responsibility of the supplier to ensure the compliance of the provisions relating to E-Way bill before dispatch of the consignment and any financial implication arising due to non-compliance in this regard will be to the account of the supplier.

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5.2.6 Payment Office

Hindustan Petroleum Corporation Limited, Project Office (Jind, Sonipat) Haryana.

5.2.7 Invoicing

Invoices and other documents such as TR/RR/GC note, delivery challan etc. shall be sent as hereunder:

Original + 2 copies to Jind Sonipat, Project Office.

2 copies to Resident Construction Manager of the Project

1 copy to Procurement Dept. of the Consultant

1 copy to Project Manager, Site

The bills will be reduced by the amount recoverable, if applicable, towards Price Reduction for delay in delivery.

6.0 RECOVERY OF FAILURE OF ITEMS:

Pursuant to clause 27 of General Terms & Conditions for Supply, in case the items supplied by the supplier fails during fabrication and or erection due to manufacturing defect the supplier shall become liable to reimburse to HPCL the landed cost for replacing the defective items, including all costs incurred up to delivery thereof at site, all duties, freight, insurance, labour, material, charges for cutting, removing, replacement, engineering and construction supervision charges of consultant, and relaying of defective part(s), including cost of incidental activities.

7.0 LIABILITY CLAUSE

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

8.0 GOVT. ACTS/ REGULATIONS

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

9.0 INDEMNIFY OWNER

Owner has absolutely no liability whatsoever concerning the employees of the Bidder. The Bidder shall indemnify Owner against any loss or damage or liability arising out of or in the course of his/their employing persons or relation with his/their employees.

10.0 SUBSTITUTION AND WRONG SUPPLIES

Unauthorized substitution or materials delivered in error, other than those mentioned in the Purchase order, or material of sub-standard quality or supplied in excess quantity (unless authorized by the buyer), shall be rejected and the rejected goods if any shall be returned to Seller at Seller’s cost and risk.

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11.0 VALIDITY OF OFFER:

Clause no. 43 of GTC for Supply shall be read as Offer shall be valid for 120 days from the due date / extended due date of the tender enquiry.

TERMS AND CONDITIONS FOR SUPERVISION OF ERECTION, TESTING AND COMMISSIONING

11.1 Bidder has to quote the applicable rate of GST while filling their prices on HPCL e-portal. The same shall be considered for evaluation and payment for the per diem charges for supervision. Any variation in the GST rate within contractual completion period shall be borne by Purchaser and variation beyond contractual completion date shall be borne by Bidder. Bidder to note that tax deposited at source under Income Tax Act 1961 (withholding tax) shall be borne by bidder.

11.2 No payment will be made for travel days/period.

11.3 Bidder will be responsible for all liabilities towards corporate tax, personal income tax and GST (as may be applicable) for their personnel deputed for the supervision job. Any variation (s), including statutory, shall be to Vendor’s account and the Owner shall not be liable for the same. Such tax(s) shall be deducted at source by Owner while making payments against each invoice.

11.4 Vendor’s supervisory personnel to observe/abide by the working conditions, safety codes & Indian law.

12.0 PRICE REDUCTION SCHEDULE

Cl no.18 of General Terms and Conditions for Supply shall stand modified as per following :-

In case of delayed delivery, prices will be reduced @ 1/2% of the total contract value plus GST for every week of delay or part thereof subject to a maximum of @ 5% of the total contract value plus GST.

NOTE:

a) Price Reduction shall be applicable only on total contract value plus GST and on Full complete week (s) and for fractional days Price reduction shall be applicable on pro-rata, if any.

b) Initially Price Reduction shall be applicable for total contract value plus GST and final Price Reduction settlement to be on undelivered portion in the contractual delivery period.

13.0 STATUTORY APPROVALS

13.1 The approval from any authority required as per statutory rules and regulations of Central/State Government shall be the Contractor’s responsibility unless otherwise specified in the bid document. The application on behalf of the Owner for submission to relevant authorities along with copies of required certificates complete in all respects shall be prepared and submitted by the Contractor well ahead of time so that the actual construction/commissioning of the work is not delayed for want of the approval/inspection by concerned authorities. The inspection of the works by the authorities shall be arranged by the Contractor and necessary co-ordination and liaison work in this respect shall be the responsibility of the Contractor. However statutory fees paid, if any, for all inspections and approvals by such authorities shall be reimbursed at actual by the Owner to the Contractors on production of documentary evidence.

13.2 Any change/addition required to be made to meet the requirements of the statutory authorities shall be carried out by the Contractor free of charge. The inspection and acceptance of the work by statutory authorities shall however, not absolve the Contractor from any of his responsibilities under this Contract.

14.0 COMPLIANCE OF LAWS

The contractor/supplier deploying 20 (twenty) or more workmen as contract labour shall have to obtain license from appropriate licensing authority, if required.

The contractor (which shall include the Contracting firm / company) shall be solely liable to obtain and to abide by all necessary licenses from the concerned authorities as provided under the various labour laws legislation’s including labour license from the competent authority under the Contract Labour (“Regulation & Abolition”) Act 1970 and Acts made thereafter.

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The Contractor shall be responsible for necessary contributions towards PF, Family Pension, ESIC or any other statutory payments to Government Agencies as applicable under the laws in respect of the contract and personnel deployed by the contractor for rendering services to OWNER and shall deposit the required amount with the concerned statutory authorities on or before due dates. The contractor shall obtain a separate PF number from the concerned Regional Provident Fund Commissioner and submit necessary proof of having deposited the employees as well as the employer’s contribution to the Provident Fund.

The contractor shall not engage /deploy any person of less than 18 years under this contract and the persons to be deployed should be physically and mentally fit.

The installations where job is to be carried out are live and have hydrocarbon environment. Contractor shall comply with all safety and security rules and regulations and other rules laid down by OWNER. It shall be the duty/responsibility of the contractor to ensure the compliance of fire, safety, security and other operational rules and regulations by his personnel. Disregard to these rules by the contractor’s personnel will lead to the termination of the contract in all respects and shall face penal/legal consequences.

The contractor shall arrange for insurance of all this workers engaged on the job as per the relevant Acts, rules and regulations, etc. In case by virtue of provisions of worker’s compensation Act, 1923 or any other law in force. OWNER has to pay compensation for a workman employed by the contractor due to any cause whatsoever the amount so paid shall be recovered from the dues payable to the contractor and /or security deposit.

15.0 COORDINATION WITH OTHER AGENCIES

15.1 The Contractor’s responsibility covers the co-ordination of all the works involved and the expenses of site mobilization and demobilization including clearing activities. The quoted rates for various items are deemed to have appropriately catered for these and no separate claim whatsoever is admissible.

15.2 Work shall be carried out in such a manner that the work of other agencies operating at the site is not hampered due to any action/inaction of the contractor. Proper co-ordination with other agencies shall be Contractor’s responsibility.

16.0 SUB-LETTING OF CONTRACT

No part of this contract nor any share or interest therein in any manner or extent, will be transferred or assigned or sub-let, directly or indirectly to any person/firm or organization.

17.0 CONTRACT CUM EQUIPMENT PERFORMANCE GUARANTEE

Within twenty one (21) Days of receipt of the FOI’s Notification of Award, the successful bidder shall furnish to the Purchaser the Contract-Cum-Equipment Performance Bank Guarantee (CPBG).

First lot for Supply, installation and commissioning and Performance acceptance test:- equivalent to 10% of total order value inclusive of all taxes, duties and charges towards supply, stevedoring, port and customs clearances, forwarding, inland/unloading and handling upto HPCL site/store .

For subsequent lots, the bidder will submit CPBG for 10% of the value as defined above within 21 days of placement/confirmation of each lot as defined in delivery schedule.

If the material supplied by contractor does not meet the guaranteed parameters and other requirement as per technical specification of contract consistently during operation at site, HPCL will revoke the Contract Cum Equipment Bank Guarantee at its sole discretion.

18.0 ANNUAL RATE CONTRACT CONDITIONS

18.1 VOID

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Rev.0 Supply of Ball Valves for City Gas Distribution Project Page 1 of 1




SECTION-V

FORMS AND FORMATS

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FORMS AND FORMATS 1 FINANCIAL CAPABILITY OF THE BIDDER (To be filled and Uploaded)

1A ANNUAL TURNOVER 1B FINANCIAL STATUS 2 BIDDER’S GENERAL INFORMATION (To be filled and Uploaded) 3 INTEGRITY PACT, IF APPLICABLE (To be filled and Uploaded) 4 BID SECURITY FORM (To be filled and Uploaded) 5 BANK GUARANTEE FOR PERFORMANCE GUARANTEE 6 ADVICE FROM SUPPLIER/CONTRACTOR FOR E-PAYMENT 7 LETTER OF AUTHORITY 8 DECLARATION (To be filled and Uploaded) 9 BID FORM (To be filled and Uploaded) 10. UNDERTAKING OF ADEQUATE CAPACITY (To be filled and Uploaded) 11. POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL

CONTENT) (PP-LC) – (If Applicable) 12. NO DEVIATION CONFIRMATION 13. CHECKLIST FOR AGREED TERMS AND CONDITIONS (INDIAN BIDDER) 14. DETAILS OF LITIGATION 15. DECLARATION REGARDING HOLIDAY/BANNING 16. DECLARATION ON TENDER DOCUMENT PURCHASED / DOWNLOADED 17. DEVIATION FORM 18. NSIC / MSME CERTIFCATE DETAILS 19. GRIEVANCE REDRESSAL MECHANISM 20. REVERSE AUCTION – TERMS & CONDITIONS AND PROCEDURE 21. FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR

GOODS/ WORK/ SERVICES SUPPLIED/ DONE DURING PAST 5 YEARS 22. FORMAT FOR SUPPLY RECORDS FOR MEETING BQC 23. BANK GUARANTEE FOR SECURITY DEPOSIT 24. BANK GUARANTEE IN LIEU OF LIQUIDATED DAMAGES 25. DECLARATION REGARDING GST

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FORM – 1 FINANCIAL CAPABILITY OF THE BIDDER

Bid Document No. ……………………………………………………….. The Bidder shall indicate herein his annual turnover during preceding 3 years based on the audited balance sheet/profit & loss account statement.

Financial Year Annual Turnover (Rs.)

Networth (Rs.)

2016-2017 / 2017 2017-2018 / 2018 2018-2019 / 2019

AVERAGE ANNUAL TURNOVER FOR LAST THREE YEARS

NOTE:

1. Net worth means paid up share capital, Share Application Money pending allotment* and reserves # less accumulated losses and deferred expenditure to the extent not written off.

# Reserves to be considered for the purpose of networth shall be all reserves created out of the profits and securities premium account but shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation. *Share Application Money pending allotment will be considered only in respect of share to be allotted. Accordingly, the definition of Networth shall be as follows: Paid up share capital XXXX Add: Share Application Money pending allotment XXXX Add: Reserves (As defined Above) XXXX Less: Accumulated Losses XX Less: Deferred Revenue Expenditure to the extent not written off XX Net worth XXXX

1. Bidder shall furnish necessary documentary evidence by uploading the documents in the e-portal of

HPCL, such as notarized copies of audited Annual Report/Balance Sheet for last three (3) years as mentioned above, Original Certificate from Chartered Account indicating Turnover & Net worth. Stamp and Signature of Bidder Name of Bidder Company:

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FORM F1-A ANNUAL TURNOVER

Bidder must fill in this form

Annual Turnover data for the last 3 financial years:

Year Amount (in INR)

Year 1: 2016-17

Year 2: 2017-18

Year 3: 2018-19

1. The information supplied should be the Annual Turnover of the bidder 2. A brief note should be appended describing thereby details of turnover as per audited results. SEAL AND SIGNATURE OF THE BIDDER

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FORM F – 1 B FINANCIAL STATUS

Bidder must fill this form FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR

Description For the year of 2018-19

Amount (in INR)

1. Current assets

2. Current Liabilities

3. Working Capital (Current Assets-Current liabilities)

4. Net Worth Owners funds (Paid up share capital and Free Reserves & Surplus) (NW)

Attached are copies of the audited balance sheets, including all related notes and income statement for the last Audited Financial year, indicated above, complying with the following conditions;

All such documents reflect the financial situation of the bidder. Historic financial statements must be audited by a certified accountant. Historic financial statements must be complete, including all notes to the financial statements. Historic financial statements must correspond to accounting periods already completed and audited (no

statement for partial periods shall be requested or accepted)

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FORM-2 BIDDER’S GENERAL INFORMATION

Bid Document No:. ………………………………………... To HPCL 1.1 Bidder Name: _____________________________________ 1.2 Number of Years in Operation: _____________________________________ 1.3 Registered Address: _____________________________________ 1.4 Operation Address : _____________________________________

(if different from above) 1.5 Telephone Number : _____________________________________

(Country Code) (Area Code) (Tel. Number) 1.6 E-mail address & Web Site : _____________________________________ 1.7 Telefax Number : _____________________________________ (Country Code) (Area Code) (Tel. Number) 1.8 ISO Certification, if any (if yes, please furnish details) 1.9 PAN Number: ____________________________________ 1.10 GST Number: ____________________________________ Note: Bidder to submit supporting documents in view of the above.

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FORM 3 INTEGRITY PACT

Dated To, HINDUSTAN PETROLEUM CORPORATION LIMITED Sub: Procurement of Bidding Documents Ref. Tender no.: 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) 120 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 and 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 120 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, HPCL shall have unqualified, absolute and unfettered right to encash / forfeit the bid security submitted in this behalf. Yours faithfully, Yours faithfully, (BIDDER) (PURCHASER) # (This agreement should be “pre-signed” by the authorised representatives of the applicable Function/SBU on behalf of HPCL at the time of invitation of tender).

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INTEGRITY PACT

PRE-CONTRACT INTEGRITY PACT General This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on _ day of the month of 20, between, on one hand, Hindustan Petroleum Corporation Limited acting through Shri (Designation of the officer,), Department (hereinafter called the "BUYER", which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s. represented by Shri , , (hereinafter called the "BIDDER/Seller" which expression shall mean and include unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS the BUYER proposes to procure (Name what is being procured) and the BIDDER/Seller is willing to offer/has offered the (State what is being offered). WHEREAS the BIDDER/SELLER is a private company/ public company/ Government undertaking / partnership / registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Ministry/Department of the Government of Indian/PSU performing its functions on behalf of the President of India. NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:- Enabling the BUYER to obtain the desired said stores/equipment item at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDER/SELLER to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by their officials by following transparent procedures. The parties hereto hereby agree to enter into this Integrity Pact and agree as follows: Commitments of the Buyer 1.1 The Buyer undertakes that no official of the BUYER, connected directly or indirectly with the contract, will

demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the Contract.

1.2 The Buyer will, during the pre-contract stage, treat all Bidders alike, and will provide to all Bidders the same

information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the Buyer will report to SBU Head or concerned Functional Director of HPCL for any

attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case of any such preceding misconduct on the part of such official(s) is reported by the BIDDER/SELLER

to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the Buyer, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract

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process. In such a case while an enquiry is being conducted by the Buyer the proceedings under the contract would not be stalled.

2.1 The BUYER will exclude from the process all known prejudiced persons. 2.2 If the BUYER obtains information on the conduct of any of its employees which is a criminal offense under

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

Commitments of Bidders 3. The BIDDER/SELLER commits himself to take all measures necessary to prevent corrupt practices, unfair

means and illegal activities during any stage of its bid or during any pre- contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commits himself to the following:-

3.1 The BIDDER/SELLER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward,

favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Buyer, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contract.

3.2 The BIDDER/SELLER further undertakes that it has not given, offered or promised to give, directly or

indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Buyer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the Contract or any other Contract with the BUYER for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with the BUYER.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall

disclose their foreign principals or associates. 3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in

connection with this bid/contract. 3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original

manufacturer/integrator and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.

3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the contract,

shall disclose any payments he has made, is committed to or intends to make to officials of the Buyer or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

3.7 The BIDDER/SELLER will not collude with other parties interested in the contract to impair the transparency,

fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract. 3.8 The BIDDER/SELLER will not accept any advantage in exchange for any corrupt practice, unfair means and

illegal activities. 3.9 The BIDDER/SELLER shall not use improperly, for purposes of competition or personal gain, or pass on to

others, any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER/SELLER also undertakes to exercise due and adequate care lest any such information is divulged.

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3.10 The BIDDER/SELLER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

3.11 The BIDDER/SELLER shall not instigate or cause to instigate any third person to commit any of the actions

mentioned above. 3.12 The BIDDER/SELLER or any employee of the BIDDER/SELLER or any person acting on behalf of the

BIDDER/SELLER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER/SELLER's firm, the same shall be disclosed by the BIDDER/SELLER at the time of filing of tender.

The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act 1956.

3.13 The BIDDER/SELLER shall not lend to or borrow any money from or enter into any monetary dealings or

transactions, directly or indirectly, with any employee of the BUYER. 4. Previous Transgression 4.1 The BIDDER/SELLER declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India, that could justify BIDDER/SELLERs exclusion from the tender process.

4.2 The BIDDER/SELLER agrees that if it makes incorrect statement on this subject, BIDDER/SELLER can be

disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Earnest Money 5.1. While submitting commercial bid, the BIDDER/SELLER shall deposit an amount (to be specified in the IFB

(Invitation for Bid) as Earnest Money, with the BUYER through any of the following instruments (as specified In IFB):-

(i) Bank Draft or a Pay Order (ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteed sum

to the BUYER, on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the BUYER shall be treated as conclusive proof for payment.

(iii) Any other mode or through any other instrument (to be specified in IFB).

(iv) Through e-payment

5.2. The Security Deposit & Retention Money shall be valid & retained by the buyer for such period as specified

in the RFP/GTC. 5.3 In the case of successful BIDDER/SELLER a clause would also be incorporated in the Article pertaining to

Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER/SELLER on Earnest Money/Security Deposit for

the period of its currency.

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6. Sanctions for Violation 6.1 Any breach of the aforesaid provisions by the BIDDER/SELLER or any one employed by it or acting on its

behalf (whether with or without the knowledge of the BIDDER/SELLER) shall entitle the BUYER to take all or anyone of the following actions, wherever required:-

(i) To immediately call off the pre-contract negotiations without assigning any reason or giving any

compensation to the BIDDER / SELLER. However, the proceedings with the other BIDDER(s) / SELLER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit Performance Bond (after

the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to the

BIDDER/SELLER. (iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER/SELLER with

interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER/SELLER from a country other than India with interest thereon at 2% higher than the L1BOR. If any outstanding payment is due to the BIDDER/SELLER from the BUYER in connection with any other contract for any other stores, such outstanding payment could a/so be utilized to recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the

BIDDER/SELLER, in order to recover the payments, already made by the BUYER, along with interest. (vi) To cancel all or any other Contracts with the BIDDER/SELLER. The BIDDER/SELLER shall be liable

to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due the BIDDER/SELLER

(vii) To debar the BIDDER/SELLER from participating in future bidding processes of the Government of

India or the BUYER for a minimum period of five years, which may be further extended at the discretion of the BUYER.

(viii) To recover all sums paid in violation of this Pact by BIDDER/SELLER(s) to any middleman or agent

or broker with a view to securing the contract. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the

BUYER with the BIDDER/SELLER, the same shall not be opened. (x) Forfeiture of Performance Bond in case a decision by the BUYER to forfeit the same without assigning

any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the BIDDER/SELLER or anyone employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER/SELLER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of this Integrity Pact has been

committed by the BIDDER/SELLER shall be final and conclusive on the BIDDER/SELLER. However, the BIDDER/SELLER can approach the Independent external monitor(s) appointed for the purposes of this Pact.

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7. Fall Clause

a) The Bidder undertakes that during the previous one year, the Bidder has not supplied I is not supplying and/or has not agreed to supply similar product systems or subsystems at a price lower than that offered in the present bid in respect of same location as mentioned in the present bid to any other Ministry/Department of the

Government of India or PSU.

b) Further the Bidder unconditionally agrees and confirms that in case it is found at any stage that during

the financial year in which bid was submitted by the bidder, the bidder had supplied/agreed to supply similar product systems or subsystems in respect of same location to any other Ministry/Department of the Government of India or a PSU at a price lower than that mentioned in the present bid ("Lower Price"), then the Buyer by providing a written notice to the Bidder shall be at liberty to apply Lower Price to the contract and accordingly reduce the contract value. The Bidder further undertakes to refund to the Buyer the difference between payment received under the contract and the Lower Price ("Price Difference") within 15 days of receipt of the said written notice.

c) In case the Price Difference is not received by the Buyer from the Bidder within the period stipulated

under clause 7 (b), then the Buyer shall be free to recover the Price difference from any amount due and payable to the Bidder under any contract or transaction undertaken with the Buyer."

8. Independent Monitors 8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact, in

consultation with the Central Vigilance Commission Names and Addresses of the Monitors: 1) Shri Jyoti Swaroop Pandey 2) Shri Kata Chandrahas, 3) Shri. Arun Chandra Verma C/o The Company Secretary, HPCL, 6thFloor, Petroleum House, 17, Jamshedji Tata Road, Church gate, Mumbai 400020.

8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the

parties comply with the obligations under this Pact. 8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their

functions neutrally and independently. 8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project

procurement, including minutes of meetings. 8.5 As soon as the Monitors notice, or have reason to believe, a violation of this Pact, he will so inform the C&MD

of the BUYER Corporation. 8.6 The BIDDER(s) accepts that the Monitors have the right to access without restriction to all Project

documentation of the BUYER including that provided by the BIDDER/SELLER. The BIDDER/SELLER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with the confidentiality.

8.7 The BUYER 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 parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitors will submit a written report to the C&MD of the BUYER/Secretary in the Department/within 8

to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

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9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its authorised agencies & other Govt. authorities shall be entitled to examine all the documents including the Books of Accounts of the BIDDER/SELLER and the BIDDER/SELLER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER. 11 . Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

12. Validity 12.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or the complete

execution of the contract to the satisfaction of both the BUYER and the BIDDER/SELLER, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the Signing of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact remains valid.

In this case, the parties will strive to come to an agreement to their original intentions. 13. The Parties hereby sign this Integrity Pact at on BUYER BIDDER Name of the Officer- Name of the Officer Designation- Designation HPCL Name of the Organisation/Dep/Ministry/PSU Witness Witness 1. 1. 2. 2.

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FORM 4 FORMAT FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT / BID SECURITY

TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called "the tender" which expression shall include any amendments/ alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of `....... (Rupees ................................. only). 1. We, ................................... Bank having office at ..................................................... Bombay (hereinafter

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

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said

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

3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be

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

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to `

......... (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

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of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except

with the previous consent of "the Corporation" in Writing. 7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be

affected by any change in the constitution of "the Tenderer". 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or

the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard. IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of ........................ For ........................ Bank (by its constituted attorney) (Signature of a person authorized to sign on behalf of "the Bank

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FORM-5 BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF

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

To, Hindustan Petroleum Corporation Ltd., Mumbai IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. a Government of India Company registered under the Companies Act,1956, having its registered office at 17, Jamshedji Tata Road, Bombay -400 020 (hereinafter called "the Corporation" which expression shall include its successors and assigns) having awarded to M/s __________________________ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ______________________________ (hereinafter referred to as "the Supplier" which expression shall wherever the subject or context so permits includes its successors and assigns) a supply contract in terms inter alia, of "the Corporation's" Order No.________ dated ____________ and the General procurement conditions of "the Corporation" and upon the condition of "supplier's" furnishing security for the performance of "the Supplier's" obligations and/or discharge of "the supplier's" liability under and/or in connection with the said supply contract upto a sum of Rs. ______ (Rupees_____________________) amounting to 10% (ten percent) of the total contract value. We, ______________________ (hereinafter called "the Bank" which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to "the Corporation" in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by "the Supplier" to "the Corporation" under, in respect of or in connection with the said supply contract inclusive of all the Corporation's losses and damage and costs, (inclusive between attorney and client) charges, and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by "the Corporation" to the Bank with reference to this Guarantee upto and aggregate limit of Rs. ___________ (Rupees ___________________ ) and "the Bank" hereby agrees with "the Corporation" that: 1 This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and shall remain valid and

irrecoverable for all claims of "the Corporation" and liabilities of "the Supplier" arising upto and until midnight of _______________

2 This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that "the

Corporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities under and/or connection with the said supply contract, and "the Corporation" shall have full authority to take recourse to or enforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have the effect of releasing "the Bank" from its full liability hereunder.

3 "The Corporation" shall be at liberty without reference to "the Bank" and without affecting the full liability

of "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilities under or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" under any other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier" or release of forbearance whatsoever shall have the effect of releasing "the Bank" from its full liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against "the Bank".

4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up, dissolution

or change of constitution or insolvency of "the supplier" but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to "the Corporation" in terms hereof

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5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be anywise affected or suspended by reason of any dispute having been raised by "the suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by "the supplier" or any other order of communication whatsoever by "the supplier" stopping or preventing or purporting to stop or prevent any payment by "the Bank" to "the Corporation" in terms hereof.

6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank" as liable to be paid

to "the Corporation" by "the supplier" or as suffered or incurred by "the Corporation" on account of any losses or damages or costs, charges/and/or expenses shall be as between "the Bank" and "the Corporation" be conclusive of the amount soliable to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case may be, and payable by "the Bank" to "the Corporation", in terms hereof.

7. Not withstanding anything contained herein above:

i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only

if you serve upon us a written claim or demand on or before the expiry of 30 days from the date of expiry of this guarantee.

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 supplier" and "the Bank" in this regard. IN WITNESS Where of __________________ Bank, has executed this document at _________ on __________ 20….

____________________________ Bank (by its constituted attorney)

(signature of a person authorized to sign on behalf of "the Bank")

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FORM-6 ADVICE FROM SUPPLIER/CONTRACTOR FOR E-PAYMENT

(ON LETTER HEAD)

Hindustan Petroleum Corporation Limited Mumbai Dear Sirs, The following is a confirmation/updation of my bank details and I hereby affirm my / our choice to opt for payment of amounts due to me under various contracts through electronic mode. I understand that Hindustan Petroleum Corporation Limited also reserves the right to send the payments due to me by a cheque/ demand draft/ electronics mode or through a banker. A) Supplier/Contractor Details

1) Supplier/Contractor Name 2) Supplier Contractor Code 3) Address (including Pin Code) 4) Controlling officer name/SBU: E&P 5) P.A. No. 6) E-mail ID

B) Particulars of Bank Account

1) Bank Name 2) Branch Name & branch code 3) Branch Address (incl. Pin Code) 4) 9 digit MICR No. of Bank and Branch (As appearing on the cheque) 5) Account Type (Saving/Cash Credit/Current) 6) Account Number (as appearing on cheque) 7) IFSC Code of the Branch (for RTGS) 8) IFSC Code of the Branch (for NEFT)

I hereby confirm that the particulars given above are correct and the complete and also undertake to promptly advise and changes to the above details to HPCL. If the transaction is delay or not effected for reasons of incomplete or incorrect information or banking delays. I shall not hold Hindustan Petroleum Corporation Limited responsible. I also agree for printing of the bank details on the cheque or DD if the payment is effected by cheque/DD. The charges, if any, levied by my bank shall be settled by me / us. Name (in capital) & signature of supplier / contractor Authorized signatory Official rubber stamp Date: Note 1. Bank details (B.1 to 8) to be confirmed by the bankers. Such confirmation shall duly signed & stamped by the bankers. Supplier code, bank account number and RTGS/NEFT number required essentially 2. Please enclosed cancelled /photocopy of a cheque

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FORM-7 LETTER OF AUTHORITY

[Pro forma for Letter of Authority for Attending 'Pre-Bid Meetings' /'Un-priced Bid Opening' / 'Price Bid Opening'] Ref: Date: To, HPCL Subject: Tender No. : ________________ (e-tender no. ________________________) for (Tender Name) ________________________________. Dear Sir, I/We, _____________________________________ hereby authorize the following representative(s) for attending Pre-Bid Meeting', 'Un-priced Bid Opening', 'Price Bid Opening' against the above Tender Document: [1] Name & Designation ____________________ Signature ___________________

Phone/Cell: Fax: E-mail: ………………………………….. @ ……………………………… [2] Name & Designation ____________________ Signature ___________________ Phone/Cell: Fax: E-mail: ……………………………………….. @ ……………………………… We confirm that we shall be bound by all commitments made by aforementioned authorised representative(s).

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by a

person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings. Bidders authorized representative is required to carry a copy of this authority letter while attending the un-priced and priced bid opening, the same shall be submitted to HPCL.

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FORM-8

DECLARATION (To be submitted along with Un-priced bid)

We (M/s. __________________________) hereby declare that we have not been banned or delisted or blacklisted or put on holiday list by any government or quasi Government agencies or PSUs. We (M/s. __________________________) confirm that we are not on Holiday/ Negative / Suspension / Banning list of HPCL on due date of submission of bid. We (M/s. __________________________) confirm that we are not under liquidation, court receivership or similar proceedings. I/we also (Co. name), _________________________________________herewith declare that we are registered under GST with GSTIN No _______________ (Please specify and provide supporting document). Stamp and Signature of Bidder Note : If a bidder has been banned or delisted or blacklisted or put on holiday list by any Government or quasi Government agencies or PSU, this fact must be clearly stated with details and it may not necessarily be a cause for disqualifying him. If this declaration is not given, the bid will be rejected as nonresponsive. Note: This Declaration should be on the letterhead of the Bidder and should be signed by a person competent and having the power of attorney to bind the Bidder.

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FORM-9

BID FORM To: (Name and address of Owner/Consultant) Date: Gentlemen, Having examined the Conditions of Contract and Specifications of tender document including Addendum(s) / Corrigendum(s) in respect of ………………(Project Name), the receipt of which is hereby duly acknowledged, we the undersigned, offer to supply and delivery (Description of Goods and Services) in conformity with the said Drawings, Conditions of Contract and specifications for the same (total bid amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this bid. We undertake if our bid is accepted, complete delivery as agreed and specified in the IFB document. If our bid is accepted we will obtain the guarantee of a Bank in a sum not exceeding (10) % of the Contract price for the due performance of the Contract. We agree to abide by this bid for a period of 120 days from the date fixed for bid opening under Instructions to Bidders and it shall remain binding upon us and may be accepted at any time before the expiration of that period. Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof in your notification of award (Fax of Intent) shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any bid, you may receive. Dated this Day of Signature ……………………………………… In the capacity of duly authorized to sign bid for an on behalf of Witness Address Signature

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FORM-10

UNDERTAKING OF ADEQUATE CAPACITY We confirm that our Plant / Facility has Adequate Capacity to handle Concurrent Orders and the Supplies to be made to HPCL will not get delayed due to the concurrent orders from other Clients. Stamp and Signature of Bidder

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FORM-11

POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC) 1.0 Ministry of Petroleum & Natural Gas (MoPNG) vide O.M No: O-27011/44/2015-ONG-II/FP dated

25.04.2017 has forwarded policy to provide Purchase Preference (linked with Local Content) in all the Public Sector Undertakings under the Ministry of Petroleum and Natural Gas with objective to Support and boost the growth of Domestic Manufacturing sector so as to be able to support oil and natural gas business activities and contribute added value to economy, absorb manpower as well as have national, regional and international competitiveness; and boost the growth of Innovation/technology of domestic manufacturing sector. A copy of the policy is available on website of MoP&NG (i.e. http://petroleum.nic.in/).

2.0 Eligibility: Manufacturers/ Suppliers / service providers (as the case may be) having the Capability of meeting/

exceeding the local Content targets mentioned in the tender document.

In case a bidder is eligible to seek benefit under Purchase PP-LC policy as well as PPP for MSE 2012, then the bidder should categorically seek benefits against only one of the two policies i.e. either PP-LC and MSE policy in Form-1. The option once exercised cannot be modified subsequently.

Purchase preference benefits shall be extended to the bidder based on the declared option subject to the bidder meeting the requirements contained in that purchase preference policy.

In case a MSEs bidder opts for purchase preference based on PP-LC, he shall not be entitled to claim purchase preference benefit available to MSE Bidders under PPP-2012. However, the exemptions from furnishing Bidding Document fee and Bid security/EMD shall continue to be available to MSE Bidders

While for evaluating a particular bid that bidder’s option (to avail any one out of two applicable purchase preference policies, i.e., PP-LC-2017 or PPP-2012) will be considered, for price matching opportunities and distribution of quantities among bidders, the precedence shall be in the following order:-

(a) Public Procurement Policy for MSE 2012 (b) Purchase Preference liked with Local Content

3.0 Definition:

(i) Local Content hereinafter abbreviated to LC shall be the value of local components in goods, service and EPC contracts, indicated in percentage.

(ii) Domestic Manufacturer shall be business entity or individual having business activity established under Indian law and producing products domestically.

(iii) Supplier of goods and/or provider of service shall be a business entity having capability of providing goods and/or service in accordance with the business line and qualification thereof.

(v) Verification shall be an activity to verify the accomplishment of LC by domestic manufacturers and/or suppliers of goods and/or providers of service with the data obtained or collected from respective business activities.

(vi) Purchase preference where the quoted price is within 10% of the lowest price, other things being equal,

purchase preference may be granted to the bidder Concerned, at the lowest valid price bid. (vii) Local Content (LC) in Goods shall be the use of raw materials, design and engineering towards

manufacturing, fabrication and finishing of work carried out within the country. (viii) Local Content (LC) in Services shall be the use of services up to the final delivery by utilizing

manpower (including specialist), working appliance (including software) and supporting facilities carried out within the country

(ix) Local Content (LC) in EPC contracts shall be the use of materials, design and engineering comprising of manufacturing, fabrication, assembly and finishing as well as the use of services by utilizing manpower (including specialist), working appliance (including software) and supporting facility up to the final delivery, carried out with in the country.

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(x) Factory overhead cost shallbe indirect costs of manpower, machine/working appliance/facility and the whole other fabrication costs needed to produce a unit of product with the cost not chargeable directly to specified product.

(xi) Company overhead cost shall be costs related to the marketing, administration and general affairs cost of the company.

(xii) Indian Company means a company formed and registered under the Companies Act 1956 or the Companies Act 2013.

(xiii) Foreign company means any company or body corporate incorporated outside India which— (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner.

(xiv) Target of local content for availing Purchase Preference for the tendered item in percentage is mentioned below:

22%

4.0 Wherever the goods/ services are procured under this policy, eligible (techno-commercially qualified) LC

manufacturers / LC service providers shall be granted a purchase preference of 10%, i.e. where the quoted price is within 10% of the lowest price, other things being equal, purchase preference shall be granted to the eligible (techno commercially qualified) LC manufacturers/ service providers concerned, at the lowest valid price bid as under:-

a) Goods:

If the tenders can be split then the order for 50% ** of the procured quantity would be awarded to the lowest techno-commercially qualified LC manufacturer/ supplier, subject to matching with L1, if such bidders are available. The remaining will be awarded to L1 (i. e. Non Local Content (NLC) manufacturer/ supplier not meeting the prescribed LC criteria).

However, if L1 bidder happens to be a LC manufacturer, the entire procurement value shall be awarded to such bidder.

If the tender cannot be split then the order shall be awarded to the eligible LC manufacturer for the entire quantity.

b) Services/EPC Contracts (others):

If the tender cannot be split the entire contract would be awarded to the lowest techno- commercially qualified LC service provider, subject to matching with L1, if such bidders are available and L1 bidder is not a LC service provider.

In case tender for services/ EPC can be split, then splitting shall be allowed and specified in tender documents. Such services shall follow the procedure outlined for goods as described in goods above.

It may be noted that only those LC manufacturers/ service providers whose bids are within 10% of the L1 bid would be allowed an opportunity to match L1 bid.

Note:

(i) ** If the tendered quantity cannot be divided exactly 50:50, the LC bidder will be eligible for quantity not less than 50% of tendered quantity.

(ii) Bidder can refer MoP&NG website where complete policy with illustrative examples are uploaded for better clarity to bidders

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5) Determination of LC: The following process shall be adopted by the bidder to determine the content of LC.:- 5.1 LC of goods

a) LC of goods shall be computed on the basis of the cost of domestic components in goods, compared to the whole cost of product. The whole cost of product shall be constituted of the cost spent for the production of goods, covering; direct component (material) cost: direct manpower cost, factory overhead cost and shall exclude profit, company overhead cost and taxes for the delivery of goods.

b) The criteria for determination of the local Content cost in the goods shall be as follows:

i) In the case of direct component (material), based on country of origin; ii) In the case of manpower, based on INR component; and iii) In the case of working equipment/facility, based on the country of origin

c) The calculation of LC of the combination of several kinds of goods shall be based on the ratio of the

sum of the multiplication of LC of each of the goods with the acquisition price of each goods to the acquisition price of the combination of goods.

5.2 LC of Services

a) LC of Service shall be calculated on the basis of the ratio of service cost of domestic component in service to the total cost of service.

b) The total cost of service shall be constituted of the cost spent for rendering of service covering

i) Cost of component (material) which is used,

ii) Manpower and consultant cost; cost of working equipment/facility; and

iii) General service cost, excluding profit, company overhead cost, taxes and duties c) The criteria for determination of cost of local content in the service shall be as follows:-

i) In the case of material being used to help the provision of service, based on country of origin; ii) In the case of manpower and consultant based on INR component of the services contract; iii) In the case of working equipment/facility, based on country of origin, and iv) In the case of general service cost, based on the criteria as mentioned in i), ii) and iii) above. v) Indian flag vessels in operation as on date.

5.3 Determination of Local Content: The determination of local content of the working equipment/facility shall

be based on the following provision: working equipment produced in the country is valued at 100% (one hundred percent) local content; working equipment produced abroad is valued as much as nil (0% percent) local content.

5.4 LC of EPC contracts (others):

a) LC of EPC contracts shall be the ratio of the whole cost of domestic components in the combination of goods and services to the whole combined cost of goods and services.

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b) The whole combined cost of goods and services shall be the cost spent to produce the combination of goods and services, which is incurred on work site. LC of the combination of goods and services shall be counted in every activity of the combination work of goods and services.

c) The spent cost above in para 5.4 (b) shall include production cost in the calculation of LC of goods as mentioned above at 5.1 and service cost in the calculation of LC of services as mentioned above at 5.2.

LC shall be calculated on the basis of verifiable data. In case of data used in the calculation of LC being not verifiable, the value of LC of the said component should be treated as Nil.

5.5 Relevant formats for calculation of LC is enclosed with the tender document. These enclosures are only for

reference of bidders & calculation at their end. However, the bidder shall not be required to submit the calculations but only furnish the value & percentage of the local content. These details shall be required at aggregate level like supply value, transport value and other heads given in the price schedule and not on itemwise level.

As regards cases where currency quoted by the bidder is other than Indian Rupee, exchange rate prevailing on the date of notice inviting tender (NIT) shall be considered for the calculation of Local Content.

6) Certification and verification

In order to avail the benefits under the policy, bidders are required to submit the following documents at the various stages of bidding:-

6.1 At bidding stage:-

a) Price Break-up

• The bidder shall provide only the value & percentage of the local content in price bids. These details shall be required at aggregate level like supply value, transport value and other heads given in the price schedule and not itemwise level as mentioned as para 5 herein above.

• Bidder must have LC in excess of the requirement specified above at clause no. 3.0 (xiv)

b) Undertaking by the bidder.

• The bidder shall submit an undertaking (as per Form-2) along with the bid stating that the bidder meets the mandatory minimum LC requirement, and such undertaking shall become a part of the contract.

• Bidder shall also submit the list of items / services to be procured from Indian manufacturers / service providers.

c) Statutory Auditor's Certificate:

• The Undertaking submitted by the bidder shall be supported by a certificate (as per Form-3) from Statutory Auditor engaged by the bidder certifying that the bidder meets the mandatory local content requirements of the project.

6.2 After Contract Award:-

a) In the case of procurement of goods and/or services and/or EPC Contracts (others) with the order value less than Rs. 5 Crore (Rupees Five Crore), the LC content may be calculated (self-assessment) by the supplier of goods and/or the provider of services and certified by the Director/Authorized representative of the company.

b) The verification of the procurement of goods, service or EPC contracts with the value of Rupees

Five Crore and above shall be carried out by the Statutory Auditor engaged by the bidder.

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6.3 Each supplier shall provide the necessary local-content documentation to the statutory auditor, which shall review and determine that local content requirements have been met, and issue a local content certificate to that effect on behalf of HPCL, stating the percentage of local content in the good or service measured. The Auditor shall keep all necessary information obtained from suppliers for measurement of Local Content confidential.

6.4 The Local Content certificate shall be submitted along with each invoice raised. However the

% of local content may vary with each invoice while maintaining the overall % of local content for the total work/purchase of the pro-rata local content requirement. In case, it is not satisfied cumulatively in the invoices raised up to that stage, the supplier shall indicate how the local content requirement would be met in the subsequent stages.

6.5 As regards cases where currency quoted by the bidder is other than Indian Rupee, exchange rate prevailing

on the date of notice inviting tender (NIT) shall be considered for the calculation of Local Content. 6.6 HPCL shall also have the authority to audit as well as witness production processes to certify the achievement

of the requisite local content and/or to obtain complete back up calculation. 7) Sanctions 7.1 During execution, it shall be the responsibility of the supplier/contractor to ensure fulfillment of the minimum

local content specified in the bidding document failing which HPCL shall impose sanction on manufacturers/ service providers. The sanctions shall be in the form of written warning, financial penalty and banning.

7.2 In the event that a manufacturer or supplier of goods and/or provider of services does not fulfill his obligation

after the expiration of the period specified in such warning, the HPCL shall initiate action for banning such manufacturer/supplier/service provider as per as per HPCL’s extant “Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices”

7.3 A manufacturer and/or supplier of goods and/or provider of services who has been awarded the contract after

availing Purchase Preference is found to have violated the LC provisions, in the execution of the procurement contract of goods and/or services shall be subject to financial penalty an amount equal to 10% of the Contract Price. This financial penalty shall be over and above the CPBG value prescribed in the contract.

7.4 In case a manufacturer and/or supplier of goods and/or provider of services desires to change the origin of

sourcing of material/services, the same may be allowed with the understanding that in case this results in noncompliance to minimum local content, the penal action as above shall be applicable.

8.0 Bidder to note that enclosures of PP-LC policy dated 25.04.2017 as available on MoPNG website is

applicable to them for calculation of Local content of Goods. Further, formula under 1st note of enclosure-II shall be corrected i.e. factor of 100 shall be multiplies in place of division.

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FORM-1

UNDERTAKING FOR APPLICABILITY OF POLICY

To,

M/s HPCL

SUB:

TENDER NO:

Dear Sir

We, M/s _ (Name of Bidder) hereby confirm that following purchase preference to be considered:-

Description Preference

Purchase Preference (linked with local content) or

Purchase Preference under Public Procurement Policy for MSE

Note:

(i) Please indicate your preference against only one policy. (ii) The above preference shall be extended only after submission of requisite documents (as mentioned in

the tender documents). (iii) In case a bidder is eligible to seek benefit under PP-LC policy as well as PPP for MSE 2012, then the

bidder should categorically seek benefits against only one of the two policies i.e. either PP-LC and MSE policy.

(iv) In case a MSEs bidder opts for purchase preference based on PP-LC, he shall not be entitled to claim purchase preference benefit available to MSE Bidders under PPP for MSE 2012. However, the exemptions from furnishing Bidding Document fee and Bid security/EMD shall continue to be available to MSE Bidders

(v) The option once exercised cannot be modified subsequently.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

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FORM-2

UNDERTAKING BY BIDDER TOWARDS MANDATORY MINIMUM LC

(IN CASE BIDDER SEEKING BENEFIT OF PP-LC)

To, M/s HPCL SUB: TENDER NO: Dear Sir

1. We, M/s _ (Name of Bidder) undertake that we meet the mandatory minimum Local content requirement of % specified in tender document for claiming purchase preference linked with local Contents under the Policy.

2. We, M/s (Name of Bidder) undertake that M/s. (Name of Manufacturer) meet the mandatory

minimum Local content requirement of …………% specified in tender document for claiming purchase preference linked with local Contents under the Policy.

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal: Note: (i) In case the bidder is a manufacturer, then the bidder has to submit undertaking as per sl. no. 1 and strike

out sl. no. 2 above. (ii) In case bidder is not manufacturer, then the bidder has to submit undertaking as per sl. no. 2 and strike out

sl. no. 1 above.

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FORM-3

CERTIFICATE BY STATUTORY AUDITOR OF BIDDER TOWARDS MANDATORY MINIMUM LC

(IN CASE BIDDER SEEKING BENEFIT OF PP-LC) To, M/s HPCL SUB: TENDER NO: Dear Sir 1. “We the statutory auditor of M/s. _ (Name of the bidder) hereby certify that M/s. (Name of the

bidder) meet the mandatory minimum Local content requirement of ……………% specified in tender document quoted vide offer No. dated against tender No. by M/s Name of the Bidder).”

2. “We the statutory auditor of M/s. _ (Name of the bidder) hereby certify that M/s. (Name of

Manufacturer) meet the mandatory minimum Local content requirement of …………………% specified in tender document quoted vide offer No. dated against tender No. by M/s _ (Name of the bidder).”

Name of Audit Firm: [Signature of Authorized Signatory] Name: Date: Designation: Seal: Membership no.

i. In case the bidder is a manufacturer, the undertaking from statutory auditor is to be submitted as per sl. no. 1 and sl. no. 2 is to be struck out.

ii. In case bidder is not a manufacturer, the undertaking from statutory auditor is to be submitted as per sl. no. 2 and sl. no. 1 is to be struck out.

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FORM-12 "NO DEVIATION" CONFIRMATION

To,

HPCL

Name of Work: __________________________

Bidding Document No.: ____________________

Dear Sir,

We understand that any 'deviation / exception' in any form may result in rejection of Bid. We, therefore, certify that we have not taken any 'exception / deviation' anywhere in the Bid and we agree that if any 'deviation / exception' is mentioned or noticed, our Bid may be rejected.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation:

Seal:

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FORM-13 CHECK LIST FOR AGREED TERMS AND CONDITIONS

(INDIAN BIDDERS)

S.No. DESCRIPTION BIDDERS CONFIRMATION

1. Price Basis -Firm Accepted 2. Complete Scope of work as defined in the Bid documents Included 3. Confirmation of acceptance of bid document in Toto Yes 4. Prices indicated in SOR includes all Taxes, duties, levies, fees, insurance,

etc. except Goods & Service Tax (GST)Noted

5. Contract Validity (As per Bid document) Accepted 6. Price Reduction Schedule as per Bid document Accepted 7. Terms of Payments (As per Bid document) Accepted 8. Performance Bank Guarantee to be submitted in twenty one (21) days Accepted 9. General /Special/ Technical terms & Conditions of Bid Accepted

10. Validity of bid Accepted 11. Bid Document fee (If not submitted earlier)

DD No. & date: ________________ Bank Name : ___________ Amount Rs. ____________

If Applicable

12. Bid Security (EMD) Details of EMD: DD/ BG No. ________________ Dated___________ For Rs. ____________ Bank Name:

Submitted

13. Price Quoted as per SOR. Yes 14. Any deviation/exception listed separately in Form 4 Yes

Name of the Bidder : M/s Signature : Name : Designation : Date : Seal :

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FORM-14

DETAILS OF LITIGATION (on Bidder’s letter head)

Bidder shall furnish details of litigation cases of the bidder during the last 5 years if any, in this Form.

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FORM-15

DECLARATION REGARDING HOLIDAY/BANNING

To, HPCL

Subject: Tender No. ____________________ (e-tender no. ________________________) for (Tender Name) ____________________________. Dear Sir, We hereby confirm that we are not on ‘Holiday’ by HPCL or Public Sector Project Management Consultant (like EIL only due to “poor performance” or “corrupt and fraudulent practices”) or banned by Government department/ Public Sector as on due date of submission of bid. Further, we confirm that neither we nor our allied agency/ (ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of HPCL or the Ministry of Petroleum and Natural Gas. In case it comes to the notice of HPCL that the bidder has given wrong declaration in this regard, the same shall be dealt as ‘fraudulent practices’ and action shall be initiated as per the Procedure for action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices. Further, we also confirm that in case there is any change in status of the declaration prior to placement of order or till complete execution of the order, the same will be promptly informed to HPCL by us.

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

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FORM 16

DECLARATION ON TENDER DOCUMENT PURCHASED / DOWNLOADED

(on Bidder’s letter head)

Ref No. Date: Hindustan Petroleum Corporation Ltd, Mumbai Sub:- Bid Document no. ______________ for ____________________ (Volume I & II), Corrigendum & Reply to bidder’s queries etc. Sir, We hereby confirm that we have read each page of the subject tender document along with Corrigendum & Reply to bidder’s queries thoroughly and understood the complete Scope of Work, Specification and other terms & conditions of tender document. In case of any contradiction/discrepancy between typed tender document content submitted by bidder and tender document, tender document will prevail. We hereby also confirm that tender terms & conditions are acceptable to us and any deviation other than mentioned in deviation is not to be taken into account. Yours faithfully, Signature Name & Designation For and on behalf of

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FORM 17 DEVIATION FORM

(On Bidder’s letter head) To, Hindustan Petroleum Corporation Ltd, Mumbai Notes 1) BIDDER may give here a consolidated list of deviations / clarifications / comments for all sections of the bid

documents which for an appropriate offer are considered unavoidable by him. 2) Deviations / clarifications mentioned elsewhere in the offer shall not be binding on the HPCL and any such

deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected.

3) BIDDER shall state the reason for the deviations in the remark column. 4) Only the deviations listed herein, in conjunction with the original Tender shall constitute the contract

document for the award of the job to the BIDDER. 5) Any clarification raised by the Purchaser/ Consultant should be resolved within 10 days failing which the bid

is liable for rejection.

Sec No./ Cls. No.

Page No.

Requirements as per tender

Deviation by Bidder

Clarification/ Comments by Bidder

Remarks

1)

2)

3)

4)

5)

6)

The bidder confirms that all clauses of the tender document, which are not listed above are fully complied by the bidder. (Signature of the bidder)

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FORM 18 NSIC / MSME CERTIFCATE DETAILS

TO BE FILLED BY BIDDERS REGISTERED WITH MSME

TO BE FILLED BY ALL BIDDERS1 NAME OF BIDDER 2 WHETHER REGISTERED WITH MSE : YES/NO,

IF YES PLEASE UPLOAD THE MSE CERTIFICATEYES / NO

2.1 NSIC / MSE REGISTRATION CERTIFICATE IS VALID

2.2 MONETARY LIMIT OF MSE REGISTRATION CERTIFICATE

3 WHETHER ITEM QUOTED IS COVERED IN MSE REGISTRATION CERTIFICATE IF YES. PLEASE MENTION THE ITEM NAME IN MSE CERTIFICATE UNDER WHICH TENDERED ITEM IS COVERED

4 WHETHER YOU HAVE SUCCEEDED IN SECURING ORDERS FOR SAME ITEMS (ITEM QUOTED), IN COMPETITION (I.E. WITHOUT PRICE REFERENCE) WITH LARGE SCALE UNITS DURING THE PRECEEDING 12 MONTHS FROM THE DATE OF THIS TENDER (SAY : YES OR NO)

5 WHETHER FIRM IS OWNED BY SC/ST ENTERPRENEURS (SAY YES OR NO) IF YES, PLEASE UPLOAD SC/ST CERTIFICATE

Stamp and Signature of Bidder

Note to Bidder: 1. It is mandatory for all the bidders to provide above data, in case bidder is non MSE, please mention “N.A”.

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FORM 19

GRIEVANCE REDRESSAL MECHANISM 1.0 Background

Hindustan Petroleum Corporation (HPCL) has developed the following mechanism to deal with references/grievances if any that are received from Parties who participated /intends to participate in the Corporation Tenders. The scheme is as under:

2.0 Definitions: Grievance

For the purpose of this scheme, the word ‘Grievance’ would mean a written and signed representation received from party, who has participated/intends to participate in the tender of the Company, seeking inter-alia a review of the process of finalization of tender on the grounds that his right as a party to the tender has been affected for the reason to be provided by him which needs to be examined and decided in the interest of equity.

Grievance Redressal Cell (GRC)

It is the group that will review the references received from the Parties and decide the matter.

3.0 Authorities to handle grievances 3.1 There will be a process to deal with the grievances received from the tendering parties of the prospective

tenderers based on the Tender document issued. 3.2 The first level, say Level-I of such process will comprise of a Grievance Redressal Cell (GRC). This Cell

will consist of the following:

Sr. No.

SBU/Function Head Member Finance Member Procurement (Co- ordinator)

Refineries GRCs

1 Visakh Refinery Head-Refinery Head- Finance Head- Materials

2 Mumbai Refinery Head-Refinery Head- Finance Head- Materials

Marketing GRCs

1 Retail SBU Head-Retail Head- Comml.** Head- Proc.**

2 Direct Sales Head-Direct Sales Head- Comml. ** Head- Proc.**

3 LPG Head-LPG Head- Comml. ** Head- Proc.**

4 Aviation Head-Aviation Head- Comml.** Head- Proc.**

5 Projects & Pipelines* Head-P&P Head- Comml.** Head- Proc.**

6 Operaions &

Distributions(O&D) Head-O&D Head- Comml.** Head- Proc.**

7 Gas, Renewable & Business

Develop- ment, Mktg SBU/dept

Head - Gas, Renewable & Business

Development, Mktg SBU/dept

Head–Comml. *** Head- Proc.***

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Corporate GRCs

1 Corporate Head-IS/HR

(as applicable)

Head- Finance (Corp.)

Head- Procurement

(DGM-Administration)

* includes Marketing Projects, ** concerned SBU, *** concerned SBU/dept

3.3 The Co-ordinator for each of the Cell is respective Head – Materials/Procurement of Visakh Refinery,

Mumbai Refinery, Marketing SBUs & Corporate. 3.4 All the grievances will be lodged with the Co-ordinator of the Cell. 3.5 This Cell will examine the grievances and decide the matter. 3.6 The second level of Grievances Redressal Mechanism is the Executive Committee – Refineries for both

Mumbai & Visakh Refineries, Executive Committee - Marketing & Executive Committee – Corporate for respective functions. The decision of the Executive Committee is final.

4.0 Grievances Redressal Process

LEVEL –I

4.1 If a grievance is received by the Grievance Redressal Cell, the Co-ordinator will first acknowledge the receipt

of the grievance to the aggrieved party within 48 hours from the time of receipt of the grievance (Excluding intervening Holidays).

4.2 The Grievance Redressal Cell (GRC) will forward the Grievance to the Tender Inviting Authority at the

earliest, who will offer his comments/views to the Cell within 2 days of receipt from GRC. 4.3 On receipt of comments from Tender Inviting Authority, the Grievance Redressal Cell will meet and look

into the grievances expressed by the aggrieved party along with the views/comments of the Tender Inviting Authority. The Grievance Redressal Cell can call for relevant records and documents to enable it to firm up its decision on the grievance.

4.4 The Grievance Redressal Cell will decide the matter within 14 days and thereafter communicate the decision

to the aggrieved party. LEVEL –II 4.5 The second level of Grievance Redressal Mechanism is the Executive Committee - Refineries for both

Mumbai & Visakh Refineries and Executive Committee – Marketing & Executive Committee – Corporate for respective functions which would examine and decide on any appeal/ representation on the decision of the Grievance Redressal Cell.

4.6 Parties aggrieved by the decision of the Grievance Redressal Cell, can appeal / represent to the Executive

Committee within 7 days of receipt of the decision with a copy to GRC Level-I for co-ordination. Appeal received after seven days will not be considered.

4.7 The EC will decide the matter in appeal within 14 days and thereafter communicate the decision to the

aggrieved party. The decision of the Executive Committee is final. 5.0 Time limitation for the handling of grievances

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5.1 Grievances regarding the Pre-qualification process should be lodged by the aggrieved party within one week from the date of Publication calling for pre- qualification bid Grievances received after one week from date Publication will not be considered.

5.2 The decision on Grievance pertaining to Pre-Qualification should be finalized before the shortlisting of the

parties is concluded. 5.3 Specific Grievances regarding the Notice Inviting Tender (NIT) should be lodged by the aggrieved party

within one week from the last date of sale of tender document or one week prior to the Due date for Bid Submission, whichever is earlier. Grievance regarding NIT, received thereafter shall not be considered.

5.4 Grievances relating to the tender process (other than “Notice Inviting Tender related grievances”) should be

lodged within one week the date of operating the unpriced bids. 5.5 The Grievance Redressal Cell shall examine the case and decide within 15 working days from the date of

receipt of the grievance and advise the function concerned of the same so that they can process the tender further.

5.6 Any grievance after price bid opening should be redressed before award of the contract No grievances shall

be entertained which are received after one week of price bid opening. 5.7 The Co-ordinator of the Grievance Redressal Cell, on receipt of the grievance by the aggrieved party, should

inform the Tender Inviting Authority not to finalise the contract till the disposal of the grievance by the Grievance Redressal Cell. The grievance lodged should be disposed of within a reasonable period of 14 working days so that there is no undue delay in awarding the contract.

6.0 Interim Suspension of Tendering Process 6.1 After any grievance is received by the Co-ordinator of the Grievance Redressal Cell, the Cell Members will

meet and examine whether the tendering process relating to the concerned matter is to be suspended or not in consultation with the Tender Inviting Authority. The Cell will examine whether there exists a prima facie ground for suspending the tendering process and decide the matter. It may consult, if required, the Executive Committee as to whether the tendering process has to be suspended till a final decision is taken on the grievance.

6.2 The decision to suspend the tendering process or not and disposal of the grievance should preferably be taken

by the Grievance Redressal Cell and/ or Executive Committee at the earliest but not later than 14 working days from the receipt of grievance keeping in mind the Schedule of activities connected with the tender concerned.

6.3 When it is decided to suspend the Tendering Process, the grievance should be examined and disposed off by

the Grievance Redressal Cell & Executive Committee at the earliest, but not later than 15 days since it will be necessary to either continue with the tender as per earlier norms or it is decided to re- invite the tender with suitable changes.

7.0 Other General Provisions 7.1 A final written reply to the aggrieved party will be given by coordinator of Grievance Redressal Cell /

Executive Committee within 21 working days from the date of receipt of the grievance in line with the minute of respective GRC/EC.

7.2 The Grievance Redressal Cell / Executive Committee, while firming up its recommendations, can seek the

views of other relevant Department like Finance, Vigilance and Legal or any other Department concerned with the issue.

7.3 The Grievance Redressal Cell & / Executive Committee is entitled to give a personal hearing to the aggrieved

party, if necessary.

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7.4 If a Grievance is related to a contract already awarded and acted upon, and if the Grievance Cell & Executive

Committee is of the view that the grievance needs review for remedial action for future tenders, it would submit its recommendation to the concerned SBU/Dept. head for future tenders.

7.5 Company’s Tender Grievance Redressal Mechanism will be displayed in its Website in the Tenders Page. 7.6 The Grievance Redressal Cell & Executive Committee will maintain a grievance register giving details of

the tender number, date of receipt of grievance letter, nature of grievance in brief, details of the decisions taken and the date of communication to the aggrieved party.

7.7 The Grievance Redressal Cell & Executive Committee will also submit a quarterly report on the grievances

handled to the Committee of Functional Directors. A copy of Yearly Report will be submitted to the Board for information.

7.8 The relevant clause of Grievance Redressal Mechanism Procedure should be incorporated in GTC of all

Tender documents along with the name and address of the Officer-designate of the Grievance Redressal Cell/ Secretary of the concerned Executive Committee, to whom the grievance letter/ Appeal should be addressed to.

8.0 Integrity Pact Notwithstanding the GRP guidelines above, the provisions of the Integrity Pact will be applicable independently to tenders of Rs. 1 Crore & above.

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FORM 20

Reverse Auction – Terms & Conditions and Procedure

ATTACHED SEPARATELY IN TENDER DOCUMENTS

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FORM 21

FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR GOODS/ WORK/ SERVICES SUPPLIED/ DONE DURING PAST 5 YEARS

S.N

o Descripti

on of Goods / Works / Services

LOA / PO / WO No.

Address of

Client / Name

of Officer

/ Contact

No. / Email

ID

Contract Value

Date of Commence

ment of work/services or supply

of goods

Scheduled completion

time(months) delivery schedule

Date of actual

completion/suppl

y

Work Completio

n Certificate with Date

Reasons for delay

in execution, if any

Project

cost

Place: [Sign. Of authorized signatory of bidder] Date: Name: Designation: Instructions:

1. Copies of letter of awards/order/work orders and completion/ execution certificate (in case of works/services) or IRN/Proof of delivery (in case of supplies, if applicable) to be enclosed.

2. The supply/work/services completed earlier than 5 years need not be indicated here. 3. The list of supply/ work/ services not of similar nature need not be indicated here. Failing to comply

aforementioned instructions may lead to rejection of bid. 4. Bidders are expected to provide details in respect of each order in this Annex. The orders cited must comply

with the bid evaluation criteria specified in Tender Document Details provided in this section is intended to serve as a backup for information provided in Offer/Quotation. Bidder should also refer to the instructions below.

5. A separate sheet should be filled for each LOA/work order/ purchase order. 6. Certificate from the bidder’s statutory auditors must be furnished in the format below for LOA/Work

Order/Purchase Order mentioned above (separately for each orders) 7. It may be noted that in the absence above certificates, the details would be considered inadequate and could

lead to the bid being considered ineligible for further evaluation.

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Certificate from the Statutory Auditor regarding Supply of Goods/Works/Services Based on its books of accounts and other published information authenticated by it, {this is to certify that LOA/PO/WO no. …………………………………….dated……………was awarded to ………………………………………..(name of the bidder) by…………………………..(name of the client) to execute……………………………….((name of the supply/work/service). The Supply/ works/services commenced on ……………………. (date) was/is likely to be completed on…………………………..(date, if any). It is certified that the total value of contract/order executed by……………………………………….(name of bidder) was………………………………………………(specify currency & amount) and executed value was…………………………………(specify currency & amount). Name of Audit Firm: [Signature of authorized signatory] Chartered Accountant: Date: Name: Designation: Seal: Membership no.:

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FORM 22

FORMAT FOR SUPPLY RECORDS FOR MEETING BQC

SR. NO PURCHASE ORDER NO.

PURCHASER NAME

ORDERED QUANTITY

SUPPLIED QUANTITY

IRN NO. / DCN / TAXABLE INVOICE NO

SR. NO OF PAGES

Bidder shall submit this form along with relevant documents with proper numbering.

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FORM 23 BANK GUARANTEE FOR SECURITY DEPOSIT

(On Non-Judicial stamp paper of appropriate value) TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at .............. (hereinafter called "the supplier") (which expression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed: a) not to insist upon immediate payment of Security Deposit for the fulfilment and performance of the said order b) that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/or discharge

of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept Bank Guarantee for the security deposit.

1. We, .................................................... Bank having office at ............................................ (hereinafter referred

to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation" without any demur on first demand an amount not exceeding ₹ ........... (Rupees.............................only) against any loss ordamage, 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 supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that “the Corporation" shall be sole judge whether the said

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


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

4. We, .................................. Bank further agree with "the Corporation" that "the Corporation" shall have the

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

5. However, it has been agreed between "the Supplier" and "the Corporation" Bank Guarantee for security deposit

is Valid upto a period of 3 (Three) months beyond the expiry of the defects liability period as per the terms of the Order No. _______________ dated __________.

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6. Not withstanding anything contained herein above:

i. Our liability under this guarantee shall not exceed ₹ .......... ii. This Bank Guarantee shall be valid upto and including .......; and

iii. We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee.


with the previous consent of "the Corporation" in writing. 8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be

affected by any change in the constitution of "the Supplier". 9. “The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or

the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard. IN WITNESS WHEREOF the Bank has executed this document on this ............................. day of ...........................

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

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

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FORM 24 BANK GUARANTEE IN LIEU OF LIQUIDATED DAMAGES

To: Hindustan Petroleum Corporation Limited (Address as applicable) 1N CONSIDERATION OF MESS. H[NDUSTAN PETROLEUIVI CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Churchgate, Mumbai — 400 020 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) agreeing to grant a provisional extension of time in respect of the contract entered into with Mess. ................................................ a sole proprietorship business/ partnership firm/ a company registered under the Companies Act, 1956 having its office at ........................................................... (hereinafter called "the Contractor", which expression shall include its executor, administrator and assigns) against Purchase Order No. .......... dated .................... (hereinafter called "the Contrac " which expression shall include any amendments/ alterations to "the contract" issued by "the Corporation") for .............................................. (state the purpose of the Contract), and the Contractor having requested for extension of time without deduction of any Liquidated Damages from the bills in terms of the Contract and "the Corporation" having agreed to grant provisional extension of time pending a decision on the request for extension of time and not to insist upon immediate deduction/payment of Liquidated Damages upon receipt of this unconditional irrevocable Bank Guarantee for an amount of ....................(Rupees ...............only). 1. We, ................................... Bank having our office at ..................................................... Bombay (hereinafter

referred to as "the Bank" which expression shall include its successor and assigns) at the request and on behalf of "the Contractor" hereby agree to pay to the Corporation without any demur and on fit demand an amount not exceeding (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by or likely to be caused to or suffered by "the Corporation" by reason of the delay in performance of work or the Corporation agreeing to grant such provisional extension of time without insisting on deduction of Liquidated Damages.

2. We, ........................................ Bank fiirther agree that "the Corporation" shall be sole Judge whether the said

"Contractor" has failed to perform or fillfill the said "Contract" in terms thereof or committed breach of any of the terms and conditions of "the purchase order/Contract" or was not entitled to any extension of time and also 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 guarantor and/or "the Contractor" may be entitled to.


final and binding on "the Bank" as to "the Bank" 's liability to pay the amount demanded and "the Bank" undertakes to pay to "the Corporation" the amount so demanded on fit demand without fiirther proof or conditions and without any demur, reservation, contest, recourse or protest and without any enquiry of you or the Contractor, forthwith and in full without any deductions or set-offs or counterclaim whatsoever, the sum claimed by you in such Demand, notwithstanding any dispute raised by "the Contractor" or the pendency of 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 further agree that the Corporation shall not be bound to disclose any reasons while demanding any amount under the Bank Guarantee.

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder, to vary any of the terms and conditions of the said "Contract"/or to extend time of performance by "the Contractor" from time to time or to postpone for any time or from time to time any of the power exercisable by "the Corporation" against "the Contractor" and to forbear to enforce any of the terms and conditions relating to "the Contract" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Contractor" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Contractor" 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. Any waive or other forbearance given or variations required under the Contract or any invalidity, unenforceability or illegality of the whole or any

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part of the Contract or rights of any party thereto, or amendment or other modification of the Contract or any other fact, circumstance, provision of statute or law which might, were our liability to be secondary and not primary, entitle us to be released in whole or in part from our undertaking, shall not in any way release us from our obligations under this Guarantee. Our obligations hereunder in respect of the sum or sums demanded by the Corporation under this Guarantee are primary, independent and absolute and not by way of surety only. The Corporation may make an unlimited number of Demands under this Guarantee provided that the aggregate of all sums paid shall not exceed the entire Guarantee Amount.

5. Notwithstanding anything hereinbefore contained, our liability under this Guarantee is restricted to. (Rupees

....................................... only). Our liability under this guarantee shall remain in force until expiration of six months from the expiry of the said "Contract". 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.


with the previous consent of "the Corporation" in Writing. 7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be

affected by any change in the constitution of "the Contractor" or its insolvency winding up, reorganization, amalgamation or liquidation (including any appointment of a receiver, administrator, administrative receiver or supervisor of the Contractor or any of its assets) nor in case of any dispute or disagreement whatsoever under the Agreement. We shall indemnify you immediately on demand against any cost, loss or liability suffered by you as a result of our this obligation being or becoming unenforceable, invalid or contrary to the laws of India (except in the case of a fraud by you).

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 Contractor" and "the Bank" in this regard. This Guarantee shall be governed by and construed in accordance with the laws of the Republic of India.

8. Any demand, notice or other communication given in connection with or required by this Guarantee shall be

made in writing in English be delivered by hand to, or sent by pre-paid registered post, or facsimile transmission to: ____________________________ ____________________________ ____________________________

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

For ........................ Bank (by its constituted attorney) Signature of a peon authorised to

sign on behalf of the bank")

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FORM 25 DECLARATION ON GST

(The following declarations should be typed on the letter head of the tenderer and should be duly signed by an authorized signatory clearly stating the name and designation of the signatory) Payment of GST and filing of GST Returns to enable Hindustan Petroleum Corporation Limited to avail Input Tax Credit (ITC) correctly With reference to Payment of GST & filing GST Returns for availing Input Tax Credit (ITC) by HPCL as per GST provisions for the Invoices raised by us, we hereby declare as follows: 1. We have disclosed all the facts relating to our Firm / Company to M/s Hindustan Petroleum Corporation Limited. 2. We hereby declare that we have agreed to pay GST to the respective GST Authorities. In this connection, we

hereby agree to furnish to you proof of payment of GST. 3. We hereby declare that we will file GST Returns as per GST provisions. In this connection, we hereby agree

and undertake to furnish you proof of electronically filed GST Returns. 4. We hereby agree as under: -

i. We will be fully responsible for complying with the GST provisions to enable HPCL to take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any noncompliance/ default/negligence of the seller of goods/service provider, the same shall be recovered from the pending bills/dues (including security deposit, BG etc.)

ii. In case of rejection of ITC by the concerned Tax Authority, for non- filing of GST or non-payment of GST

amount by us or for any other reasons attributable to us, we hereby agree to indemnify Hindustan Petroleum Corporation Limited in full against all the loss including consequences, liabilities of any kind whatsoever, directly arising from denial of ITC including interest and penalty.

We hereby agree and confirm that – any breach of the above declaration shall be construed as breach of the terms and conditions w.r.t. GST and Hindustan Petroleum Corporation Limited shall be at liberty to take necessary action like Holiday listing (banning of Business dealings) and/or recovering of amounts mentioned in para 4 (ii) above, from: a) any of our Bank Guarantee executed in your favour, if any, b) Retention / Security Deposit paid for any of your work, if any or c) Other unpaid invoices, if any raised by us on Hindustan Petroleum Corporation Limited Place: Signature Name: Date: Designation: Seal.

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Rev. 0 Supply, Installation & Commissioning of Odorizing System for City Gas Distribution Project Page 1 of 8

REVERSE AUCTION – TERMS

& CONDITIONS AND PROCEDURE

P.013702 D11031

058


HPCL proposes to conduct Reverse auction for the items or schedules or on overall basis as specified in the tender. Please go through the Terms & Conditions and Procedure given below and submit your acceptance to the same by signing and uploading this document along with unpriced bid.

Terms & Conditions

1. HPCL reserves the right to carryout ‘Online Reverse Auction’ with techno‐commercially

accepted bidders for determining the lowest bidder for the requirements mentioned in this tender enquiry. Reverse auction shall be conducted only when there are at least two or more “Techno‐commercially” accepted vendors at Technical evaluation stage.

2. Online reverse auction shall be conducted by HPCL on a specified date and time. The vendors shall be participating in the reverse auction from their own offices / place of their choice. Internet connectivity shall have to be ensured by the bidders themselves. HPCL shall not be held responsible for local issues, such as loss of connectivity, Internet discontinuity, and discrepancy in browser which may result in non‐display of latest bid in client PC.

3. In extreme case of Server outage, network outage or failure of Internet connectivity, (or any

other unforeseen conditions) from HPCL’s end, fax/ E‐Mail communication shall have to be made immediately, to concerned purchase officer of HPCL. No such request shall be entertained beyond one hour of the RA closing time. To provide equal opportunity, HPCL may decide to extend the Reverse auction at their discretion, but not as the right of the bidder. The vendors participating in Reverse Auction process shall be kept on standby for 1 Hour after RA closing time.

4. HPCL shall investigate the above matter and decision for extension of Reverse Auction shall be based on the merit of the issues pointed out and verified by HPCL and same shall be final and binding on the vendor.

5. HPCL shall complete the investigation within two working days of receiving complaint from

any of the vendor.

6. In case of decision to extend Reverse Auction, intimation mail may go out to all vendors within a day of investigation closure. Vendors shall generally be given intimation, a day in advance before extended Reverse Auction is commenced. The Reverse Auction shall commence from the last saved decrement value and shall be open for period of original duration from commencement.

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7. Bidders are requested to confirm their willingness to participate in ‘Online Reverse Auction’ during their bid submission by ensuring compliance to the Terms & Conditions and Procedure specified herewith. Please note that non acceptance to participate in the Reverse Auction process may lead to rejection of the bid without any further evaluation.

8. HPCL will pre‐decide the commercial loading, if any, on the basis of the taxes & duties

quoted by the bidder, and loading on account of commercial deviations, if any. The loading factors shall be displayed in the portal prior to the date scheduled for Reverse Auction Event.

9. Bidders are encouraged to understand the Loading factors applied on their bids at the earliest, on getting intimation regarding same. In case of any objection to the applied loading factor same shall be brought to the notice of Purchase officer immediately. No further communication on this ground will be entertained after publishing of Reverse auction.

10. As part of Reverse Auction process, the Start Bid price (Leading Bid) shall be specified

by HPCL on Reverse Auction Portal. The Lowest of the {Price Bid or the estimate} will be considered as the benchmark price (Start bid price). Please note that such priced bid opening shall be system driven and therefore bidder’s identity vis‐à‐vis quoted price shall be confidential.

11. In case of overall evaluation tenders or schedule wise evaluation tender, the Reverse auction shall be conducted on the bottom line, net delivered cost.

12. In case of tenders, which are evaluated on Schedule wise or Overall L1 basis, the individual item rates with get reduced on pro‐rated basis as the decrements are effected during reverse auction event.

13. During the Reverse auction event, the taxes which are quoted in percentage basis will get reduced proportionately as the RA progresses. However, Extras like Loading charges/packing charges/TPI which are quoted in per unit basis (amount terms) remains constant as the decrements are effected.

14. Vendors shall ensure to quote the statutory taxes only in percentage basis and not in

amount terms. In case of non‐compliance to this clause, bids shall be liable for rejection.

15. System shall allow to conduct Reverse Auction on multi‐currency tender/bidding. In such cases the basic reverse Auction shall be carried out in INR currency only. However bidders

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058

having submitted bids in any of the following four currencies – USD, EUR, GBP, JPY shall be able to view the basic rates (in original currency) corresponding to contemplated decrement in the “show” screen.

16. The exchange rate for converting the INR value to originally quoted currency (USD, EUR,

GBP, JPY) shall be the one which was prevailing on the date of unpriced bid opening in line with tender condition.

17. Reverse auction shall be held for a period of 60 minutes and shall be automatically extended by a further period of 5 minutes in case of receipt of any bid during the last 5 minutes of the auction period. This process shall continue until no bids are received in the last 5 minutes of the auction. Thereafter reverse auction shall get automatically closed. This shall be an automated process.

18. Order may be placed on the lowest bidder, emerging out of the reverse auction process and HPCL’s decision on award of contract shall be final and binding on all the bidders.

19. HPCL reserves the right to further rationalize the prices with lowest bidder for reducing the price at any time before ordering.

20. HPCL reserves the right to cancel the reverse auction after event is scheduled but before actual event taking place or after the reverse auction has completed in case of failure or any other reason. The reasons for cancellation shall be conveyed to all vendors.

21. In cases where tender is required to be cancelled after opening of priced bid and identification of L1 vendor and Reverse Auction was also part of tender, reasons for cancellation shall be conveyed to all vendors.

22. During Reverse Auction Process, if no bids are received within the scheduled/rescheduled date & specified time of the reverse auction, HPCL at its discretion can scrap the reverse auction and proceed with the opening of the Electronic priced bids submitted by the bidders. In such case HPCL shall display the bidder’s identity and original rates.

23. The bid on the Reverse Auction Portal will be taken as an offer to sell. Bids once made,

cannot be cancelled / withdrawn and the bidder shall be bound to sell the material/services at the final bid price, and as per the specifications mentioned in the tender. Should the bidder back out and not make the supplies as per the rates quoted or in case the material supplied/services is not as per specifications mentioned in the tender, HPCL shall take appropriate action as per the terms & conditions mentioned in the tender.

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24. At the end of the Reverse Auction, HPCL will decide the successful bidder, basis the evaluation criteria specified in the tender. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.

25. HPCL shall not have any liability to bidders for any interruption or delay in access to the

reverse auction portal irrespective of the cause.

26. The participation of vendors in the tendering process shall be construed as acceptance to the terms & conditions and procedure for the reverse auction (until and unless the contrary is explicitly mentioned in the deviation sheet). This compliance also shall be deemed as participation in Reverse auction.

27. In case a bidder agrees for reverse auction in the un‐priced bid but withdraws acceptance any time after tender due date & time, the EMD of such bidder may be forfeited along with rejection of offer at the sole discretion of HPCL.

28. Once Auction is started, no communication from vendor shall be entertained unless it is of the nature of any serious issue in the portal.

29. The yellow color back ground on RA page indicates the due date and time of respective

Reverse Auction is over. (However, this will happen only if the vendor’s PC is connected to the HPCL server). RA shall be concluded after standby period is over and auto generated mail is received by vendor.

30. The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with other suppliers / bidders.

31. The Bidder shall not divulge either his Bids or any other exclusive details of HPCL to any other party.

32. HPCL’s decision on award of Contract shall be final and binding on all the Bidders.

33. HPCL can decide to extend, reschedule or cancel any Auction. If any changes are made by

HPCL after the first posting and the Bidder continues to access the site after that time, it shall be presumed that the bidder has accepted the changes.

34. HPCL shall not be responsible for any damages, including damages that result from, but are not limited to negligence. HPCL will not be held responsible for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.

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REVERSE AUCTION –

TERMS & CONDITIONS AND PROCEDURE

P.013702 D11031

058

Reverse Auction Procedure

1. In case HPCL decides to conduct Reverse Auction, the qualified bidders would be communicated on the same thru E‐mails about the date and time of the Reverse Auction event. The Reverse auction event shall be conducted in the HPCL e‐tender portal under link “Reverse auction”.

2. Reverse Auction shall be available to Bidder only after two factor authentication. Initially

vendor will login to the site etender.hpcl.co.in with his Login Id and password. Thereafter they shall click on the “Reverse auction” link in the portal to view/participate in ongoing/upcoming reverse auctions.

3. Brief procedure to participate in RA:

I. Bidders may click on “Reverse Auction document”, and download the same to their local PC.

I. The downloaded document shall be digitally signed and uploaded after the RA event becomes active". The signed document may be kept ready for upload beforehand.

II. Click on the Check box followed by “Participate in Reverse auction”.

3. HPCL will display Start Bid price i.e., Bench Mark price which shall be the lower of the {price bids submitted by the bidders on the e‐procurement portal i.e. ‘Bids opened for RA event’ or HPCL’s in‐house estimate}, which shall be visible to all the vendors at the start of the Reverse Auction.

4. Identity of bidders never gets disclosed to anyone, during reverse auction process

5. HPCL shall specify the minimum amount/percentage by which the bidders can reduce their bids at a time on the Reverse Auction Portal. This amount is referred as the ‘bid decrement factor’ and shall be specified by HPCL.

6. Bidders shall start bidding from this Bench Mark Price. The bidder can bid lower than the

prevailing Lowest Bid at any time during the event by one decrement or multiples of the Bid decrement.

7. In case the “SUBMIT QUOTE” button is not enabled after a few seconds of clicking,

vendors are urged to Re‐Login to the page for viewing the latest leading bid and submit fresh quotes. The process takes less than a few seconds.

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REVERSE AUCTION –


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8. The bidder shall be able to view the following values on his screen along with the other necessary fields in the Reverse Auction:

Item‐wise Leading Bid in the Auction (Delivered Cost)

Bid Placed by bidder (Delivered Cost)

Bid value contemplated by bidder before submission(Delivered Cost)

34.8.1. Bidder can reduce his bid repeatedly during the auction period

9. Bidders shall be provided information on item wise pro‐rated reduction in the rates, for guidance.

10. The confirmed bid submitted by vendor during the RA process shall always reflect in the “Previous Bid” field only (red font). The field “Current bid” shall display the contemplated bid value and “Leading Bid” shall show the current lowest bid value as submitted by any of the vendors.

11. The Closing Price(s) offered by the bidders at the conclusion of the Reverse Auction shall be valid for a minimum period of 30 days or as mentioned in tender, from the date of conclusion of the Reverse Auction.

12. After the Reverse auction is over successfully and closed by purchase officer, vendor can

witness the lowest rate submitted by other vendors in “Witness bid opening” link.

13. In case of Item‐wise evaluation tenders, any or all items may undergo Reverse Auction separately at the discretion of HPCL.

14. In case of Schedule‐wise evaluation tenders, any or all schedules may undergo Reverse Auction separately at the discretion of HPCL.

15. In case of SOR type tenders, where vendor has quoted a single percentage plus or minus

against the offered rate, the decrement shall be applicable on the bench mark value on base of 100 (i.e. it could be 107 in case of plus 7% or 94 in case of minus 6 percent). This value shall be delivered cost i.e. inclusive of taxes and loading factor.

16. HPCL reserves right to conduct single reverse auction for multiple items with separate

decrement option.

17. Vendor shall have option to participate in multiple reverse auction if it is scheduled at the same time.

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REVERSE AUCTION –


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18. Successful vendor shall be required to submit the final prices digitally signed and uploaded as token of acceptance without any new condition other than those already agreed to before start of auction.

19. Vendors may seek telephonic guidance before or during the Reverse auction process

from Helpdesk support at 022‐41146666 or 022‐61548595, between 8.00 AM to 8.00 PM on any working day, except Sundays and Public holiday.

E‐Reverse Auction procedure for POL Transporters Tender

In case the Reverse auction is carried out for POL transport tender, the following procedure,

terms and conditions shall apply over and above the other RA terms and condition. In case of

any contradiction between the “RA procedure for POL transport tender” and “RA terms and

condition or procedure” the provisions of “RA procedure for POL transport tender” shall

supersede the latter.

I. The Tender for POL transport shall be floated with two covers Technical Bid and Priced Bid.

I. Bidders will have option to upload their complete truck details in Excel format (converted to pdf) during bid submission.

II. There will be system based validation to ensure that bidders quote their rate for each sector only within the specified priced band.

IV. At techno‐commercial evaluation stage, user department will be able to accept or reject trucks based on tender criteria. There will be feature to reject bidders also based on tender criteria.

V. Post completion of Techno‐commercial evaluation, there will be option to a. Open Priced bid and generate Recap, followed by 2nd layer Recap for Truck

ranking. OR b. Configure Schedule wise Reverse Auction (Separate RA for 12KL and 18KL

capacity) VI. RA shall commence with benchmark price which is lower of the two ‐ {Estimated rate or

L1 rate}. RA decrement shall start from previous bid of bidder. VI. In the proposed RA process, bidder will get to see his quoted rate for each of the line

items for a schedule, with option to reduce rate in any of the line items individually orall.

VII. Line item wise Leading Bid(rate) will be displayed dynamically on the Screen. IX. Bidders will not be allowed to quote below the Lower Price band for each line item,

configured in the tender. X. Subject to IX above, Bidder will be allowed to bid lower than the leading bid for each line

item of the Schedule and his bid will then become leading bid for that line item.

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XI. Additionally, bidder will also get option to submit his bid lower than his Previous bid for each line item, even if it is not lower than the leading bid value.

XI. RA shall be configured for a period of one hour and may get extended by 5 minutes in case any bid lower than prevailing lowest bid for any line item is received in the last 5 minutes.

XII. In case, one of the bidders have already quoted at the lowest of the band for all line items within the first 55 minutes of the RA event, there will be no extension of RA, even if bids are submitted in the last 5 minutes of RA event. However, the RA will be open for full one hour for other bidders to quote lower than their previous bid, in order to improve their rank.

XIV. Bidders will be allowed to match line item wise lowest of the band, even if one of the bidders have previously quoted at the lowest of the band for the line item.

XV. At the end of Reverse auction, there shall be option to close RA event. In such case, system generated recap can be obtained providing the ranking of all bidders.

XVI. In case, there is no participation from any of the bidders during RA process, there shall be option to cancel the RA event and go for opening of Priced bids followed by System generated Recap.

XVI. There shall be feature to postpone or extend the RA, based on user requirement or in case of exigency.

XVII. The "Set of L1" shall be identified from the system recap based on the net outgo to the Corporation and the total number of tank trucks required as per the tender.

XIX. In case the total No of trucks required are lesser than No of trucks offered by Set of L1, the truck sub ranking clause shall be utilized to limit induction of trucks up to tender requirement.

XX. Post identification of Set of L1 bidders, either of the following process to be carried out with these selected bidders

a. Offline Counter offer to these bidders to match lowest rate or reduce from their quoted rate.

b. Counter offer through Online platform, to selected bidders, to match lowest rate or reduce from their quoted rate

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REVERSE AUCTION PROCESS VENDOR MANUAL

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Hindustan Petroleum Corporation Ltd Information Systems Department

Sewree Mumbai

E‐Procurement application

Version 2.2

Version Release Date 7th February 2017

Reverse Auction Process Vendor Manual

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All information contained in or disclosed in this document, herein after called ‘Confidential Information’, is proprietary to Hindustan Petroleum Corporation. By accepting this material, the recipient agrees that this Confidential Information will be held in confidence, and will not be reproduced, disclosed or used either in whole or in part, without prior permission from Hindustan Petroleum Corporation.

NOTICE OF PROPRIETARY INFORMATION

Document Revision List Project E−Procurement

Document Name Vendor Manual − Procedure for Reverse Auc on

Document Created By Manjusri Maddala Date 30th April 2015

Document Reviewed By Anupam Das Date 30th April 2015

Document Approved By Sanjay Dasgupta Date 30th April 2015

Revisions /Change Control

Date Version Author Reason

30th Apr 2015 1.0 Manjusri Maddala Initial Version

28th Feb 2016 1.1 Manjusri Maddala Changes Included:

Section on RA Extension Clause

Enhanced Additional E−mails

Application of loading factor

Label changes in RA screen

10th May 2016 2.0 Manjusri Maddala Changes Included:

Removal of view server time

Removal of check updates button

Introduction of digital clock

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28th July 2016

2.1 Manjusri Maddala

Changes Included: Global Reverse Auction screens included

7th Feb 2017 2.2 Manjusri Maddala

Changes Included: New procedure for participation in Reverse Auction included New RA link and screens

Abbreviations used HPCL Hindustan Petroleum Corporation Ltd

E−Proc E−Procurement

RA Reverse Auction

Non SOR Tender not on Schedule of Rates

SOR Schedule of Rates

Dev Deviation

Rev.Auc.Document Reverse Auction document

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Table of Contents 1 Introduction ............................................................................................................................................... 5

1.1 Login to Reverse Auction Portal ............................................................................................................. 5

2 Witnessing Loading factors ........................................................................................................................ 8

3 Reverse Auction Participation Process ...................................................................................................... 8

3.1 Steps for Participating in Reverse Auction ............................................................................................ 9

3.2 Screen for Non−SOR Tenders (Tenders not having schedule of rates) ................................................ 13

3.3 Screen for Schedule of rates Tenders .................................................................................................. 16

3.4 Screen for Multi−currency Tenders ..................................................................................................... 18

4 Procedure for Submission of new reduced bid ....................................................................................... 19

4.1 Benchmark price calculation ................................................................................................................ 19

5 Reverse Auction Closure .......................................................................................................................... 21

6 Refreshing of screen ................................................................................................................................ 21

7 RA winner document ............................................................................................................................... 22

8 Multiple Reverse Auctions ....................................................................................................................... 23

9 Postponement / Cancellation of Reverse Auctions ........................................................................... 24

10 RA extension ........................................................................................................................................ 24

11 Reports ................................................................................................................................................. 25

12 Email Messages to Bidders .................................................................................................................. 26

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Please note − If a bid is rejected in techno−commercial stage for any reason, email intimation will be sent to bidder, citing reason for rejection. Hence, in such a scenario the bidder will not get intimation to participate in the RA.

1 Introduction

In E−Procurement applica on, Reverse Auc on will be ini ated by HPCL as soon as Technical and Commercial Evaluation is completed for the tender.

All the eligible bidders will be notified through e−mail which will contain the Tender number, Reverse Auction date and time. HPCL RA Process will have the following steps

Notifying eligible bidders regarding RA event schedule Publish Reverse Auction in Portal informing event schedule date & time. Reverse auction event will automatically go live on scheduled date and time Conduct Reverse auction / Postpone or Cancel Reverse Auction Reverse Auction Closure Publishing RA Winner document

1.1 Login to Reverse Auction Portal

To participate in RA, Bidder should type the URL https://etender.hpcl.co.in/ in the (Internet

Explorer 7 or above) address bar and click “Enter”. Please note that application will not function

properly in other browsers such as Chrome/Firefox/Safari etc.

Once the Login screen is scheduled, bidder can go to reverse Auction Portal in two methods.

1. Method 1: Existing Bidder should enter his 8 digit Vendor code in “User ID” field and

password as issued for “Bill Tracking system” to login in the screen shown below.

Temporary registered bidder shall enter his email Id in “Email Id” field and corresponding

password.

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In case of any issues in logging in to the portal, bidders are requested to contact the help desk. The help desk details are available on the login page of the portal.

After successful login, bidder is prompted to accept the “User Agreement” for accessing the

portal. This is mandatory. Bidders will have option to download / read the User Agreement by

clicking on the hyperlink before accepting.

After acceptance of User Agreement, the Bidder is taken to the Home Screen. The Home Screen

has various menu options on the left side and reverse auction marquee “Upcoming/ Ongoing

Reverse Auctions” on the right side. Link for reverse Auctions appears on right side.

Bidder to click on this link and again login into the system.

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The Reverse Auction marquee contains the list of tenders for which RA is scheduled. (Please

see image below)

2. Method 2: Bidder to click on link “click here for Login to Participate in Reverse Auction’ below

user ID and Password boxes. Reverse Auction portal login screen will be scheduled and bidder

to put user ID and password to enter into Reverse Auction Portal.

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2 Witnessing Loading factors

HPCL may apply the commercial loading, if any, on the basis of commercial terms and conditions, taxes quoted by the bidder, other commercial deviations etc. These loading factors are applied on basic price. The loading factors (if any) shall be displayed in the portal prior to the date scheduled for Reverse Auction Event. An E−Mail shall be triggered by the system to the bidders for information.

Before the bidder proceeds for participating in Reverse Auction, bidders can witness loading factors through “Witness bid opening” option in the menu.

3 Reverse Auction Participation Process

Bidder should click on ‘Reverse Auction’ option from the menu page.

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Once the menu option is selected the following Screen is scheduled where bidder can see Upcoming RAs and Ongoing RAs.

Bidders should select the tender number by checking in box and follow the steps given below for obtaining Reverse Auction password for the specific tender.

3.1 Steps for Participating in Reverse Auction

Portal activity:

1. Click on ‘Rev.Auc.Document’ (Reverse Auction Document) 2. Save the downloaded Reverse Auction document

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Rev. 0 Supply, Installation & Commissioning of Odorizing System for City Gas Distribution Project

Offline activity

1. Open Signing utility 2. Select appropriate signing certificate and browse the saved Reverse Auction document 3. Click on sign document

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Rev. 0 Supply, Installation & Commissioning of Odorizing System for City Gas Distribution Project

Enter token password

Signed document will be generated successfully

Click on ‘OK’.

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4. Click on ‘signed Rev.Auc.document’ under ‘upload’

5. Browse the signed document and upload

6. Tender reverse Auction row changes to gray colour on successful uploading of signed reverse Auction documents.

7. Click on ‘Participate in selected Reverse Auctions’.

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Bidders should select appropriate tender and click on "Participate in Selected Reverse Auctions"

button. On selecting the participation button, reverse auction screen will be displayed.

The following sections describe the screens which are displayed for Non−SOR (non−Schedule of

rates) and SOR (Schedule of rates) tenders respectively.

3.2 Screen for Non‐SOR Tenders (Tenders not having schedule of rates)

Upon selecting a Non−SOR tender (Tenders not having schedule of rates) for par cipa ng in the bidding process, the following screen is displayed.

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Field descriptions in Non−SOR Screen: The following fields are available in Non−SOR screen

Previous Bid: At the start of the Reverse Auction this field will display Bidder’s original quote

given in Price bid. However, during the Reverse Auction, this field will show the previous quote

submitted by bidder.

Current Landed Cost: Bench Mark Price will be shown for first bid and thereafter latest bid as

received by HPCL for successive bids.

Increment/ Decrement Landed Cost by << 0.00 % >>: This field shows Reverse Auction

decrement percentage or decrement amount as pre−set by HPCL. In the above example bidders

can decrease the rate by 0.5%.

Upward‐downward arrows are for arriving at proposed rate: Bidders can arrive at the proposed

amount by clicking the upward and downward arrow. No bid is submitted at this stage. Bidders

can increase the rate for arithmetic comparison but cannot submit the quote. In case the bidder

tries to submit an increased quote the following error message will be displayed.

Leading Bid: At the start of RA process, this field will show the Bench Mark Price. Subsequently

while auction is in progress, this field will show latest minimum quote submitted by the

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participating bidders.

Submit Current Quote: This field has a Blue coloured button labelled as “Submit Quote”. This

button is to be used by the bidder for actually submitting the revised quote. Bidder should

remember to click on the corresponding radio button before click on “Submit”.

Line Details: The Line details field has a blue button labelled as “Show” button. If bidder clicks

on “show” button a popup screen is displayed. Bidders should click on the “Show” button to

check individual item rates against a proposed amount, which has been arrived at by clicking

“upward / downward arrow”. No bid is submitted by clicking “Show” button. In the popup

screen bidder should click on “Calculate line wise values as per current landed cost” button to

see detailed calculations for each of his decrement quotes.

History: The History field has a blue button labelled as “Submissions”. Clicking on the

“Submissions” button shows details of quotes submitted by the bidder with date and time.

Bidders Price bid quote is also visible in submissions.

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Reverse Auction logout: This button is useful for screen logout.

Digital clock: Digital clock displays server time.

3.3 Screen for Schedule of rates Tenders Upon selecting a SOR tender for participating in the bidding process, the following screen is displayed.

Field descriptions in SOR Screen: The following fields are available in SOR screen:

Previous Bid: At the start of the Reverse Auction this field will display Bidder’s original quote

given in Price bid. However, during the Reverse Auction, this field will show the previous quote

submitted by bidder.

Current deviating %: Bench Mark Price will be shown here in the initial screen and latest bid

received by HPCL for successive bids.

Increment/ Decrement Deviating % by << 0.00 % >>: This field shows Reverse Auction

decrement percentage pre−set by HPCL. In the above example bidders can decrease the rate by

0.5%.

Upward‐downward arrows are for arriving at proposed rate: Bidders can arrive at the proposed

amount by clicking the upward and downward arrow. No bid is submitted at this stage. Bidders

can increase the rate for arithmetic comparison but cannot submit the quote. In case the bidder

tries to submit an increased quote the following error message will be displayed.

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Submit Current Quote: This field has a Blue coloured button labelled as “Submit Quote”. Thisbutton is to be used by the bidder for submitting the actual RA quote.

Leading Bid: This is the latest minimum submitted quote while Reverse Auction is in progress.

At the start of Reverse Auction, leading bid is the Bench Mark Price.The leading bid is displayed as a percentage of SOR rate. In the above example screen shot, the

leading bid is 61.54% of SOR rates which is 38.46% less than SOR rate. If the leading bid is above

SOR rate it will be displayed as 100+ percentage ie. a leading bid which is 5.5% above SOR would

be displayed as 105.50.

Line Details: The Line details field has a blue button labelled as “Show” button. If bidder clicks

on “show” button a popup screen is displayed. Bidders should click on the “Show” button to

check individual item rates against a proposed amount, which has been arrived at by clicking

“upward / downward arrow”. No bid is submitted by clicking “Show” button. In the popup

screen bidder should click on “Calculate line wise values as per current dev %” button to see

detailed calculations for each decrement.

History: The History field has a blue button labelled as “Submissions”. Clicking on the

“Submissions” button shows details of quotes submitted by the bidder with date and time.

Bidders Priced bid quote is also visible in submissions.

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3.4 Screen for Multi‐currency Tenders:

Upon selecting a Non−SOR Global tender (with multi currencies) for participating in the Reverse

auction bidding process, the following screen is displayed. Bench Mark shall be in INR currency

only.

Field descriptions are as shown in section 3.2.

Leading Bid: This field will show the Bench Mark Price in INR currency. Bidders are requested to

submit reduce rates in INR only.

Line Details: If bidder clicks on “show” button a popup screen is displayed. Bidders can view

individual item rates against an intermediate decrement, (arrived at by clicking “upward /

downward arrow”). No bid is submitted by clicking “Show” button. In the popup screen bidder

should click on “Calculate line wise values as per current landed cost” button to see detailed

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calculations for each of his decrement quotes.

For multi−currency tenders, currency exchange rate shall be visible in show screen. This currency

exchange rate shall be of unpriced bid opening date. Basic rates are displayed in original

currency. For every decrement in INR, corresponding item rates are visible in original currency.

In case rates for certain lines are quoted in INR, the currency exchange rate shall be displayed as

1 (one).

4 Procedure for Submission of new reduced bid

Reverse auction shall be held for a period of 60 minutes. The auction process automatically gets extended

by a further period of 5 minutes in case of receipt of any fresh bid during the last 5 minutes of the auction

period. This process will continue until no bids are received in the last 5 minutes of the auction. Thereafter

reverse auction shall get automatically closed.

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During the entire bidding process, the bidder’s identity vis−à−vis quoted price shall be

confidential.

If a competitor submits a fresh reduced bid, the field “Leading Bid” for SOR or Non−SOR

tenders will show the latest bid. This happens instantaneously and would be visible to all

bidders on their screens.

It may be noted that if two bidders submit the quote almost at the same time, the system will

consider the bidders rate/fquote which hits the system first. This time difference is logged till

the mille second. In such a scenario, the system will send the following message to the second

bidder cautioning him that the bid submitted is not the lowest bid.

During the bidding process, Bidders should use the increment/Decrement arrow keys to revise their bids.

After the decrement is done, bidders should press the “SUBMIT” button to submit the fresh bid.

Upon submission of fresh bid, the bidder will be able to see his fresh bid in “Previous Bid” field.

4.1 Benchmark price calculation

As per the latest Reverse auction terms and condition, the benchmark price shall be the lowest of the

prices quoted by techno−commercially accepted vendor’s bids vis−à−vis HPCL es mated rates. The

benchmark price is discreetly calculated by system without revealing the vendors identity.

Please note ‐

5 Reverse Auction Closure

As explained in section 3 above, the RA process will continue until no bids are received in the last 5

minutes of the basic auction period (60 mins) or extended auction period.

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If no bid is received in the last 5 minute period, reverse auction shall get automatically closed. The

moment RA is completed, colour of auction line changes to ‘yellow’ and submit button will be disabled.

This indicates the closure of Reverse Auction.

6 Refreshing of screen

Bidders can refresh the screen by clicking on ‘Reverse Auction’ menu option in left pane, select the appropriate tender and click on participate in reverse auction button.

7 RA winner document

After completion of Reverse Auction, Lowest bidder will get an email intimation to download

and submit the RA winner document.

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Vendor can download the ‘RA winner document’ by to clicking on the “Generate Browse &

submit Winner Document” button available in “RA Winner Document” menu option as shown

below.

The successful bidder should ‐

Select tender and click on ‘Generate selected Tender Document’. Save the document and sign it using signing utility. Select the signed document by browsing Submit signed Reverse Auction document. Bidder can save the following confirmation message generated by system for records.

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8 Multiple Reverse Auctions

If a bidder wishes to participate in more than one RA at the same time, bidder should select all tenders and

download and enter passwords for each selected

tenders and click on ‘participate in selected Reverse Actions’ button.

Please note a bidder can participate in upto 5 Reverse

Auctions on the same screen at a time. Also,

passwords are different for each of the different

Reverse auction on same or different

tenders.

On selecting multiple RAs the following screen is displayed.

The procedure for participating in each

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of the multiple reverse auctions is same as that of participating in a single reverse auction explained in various sections above.

Scrolling Message on Upcoming RA: If one RA is

in progress and another RA is going to start, the

eligible bidder will see a scrolling message

‘Upcoming Reverse Auction: ……Tender no…..

start time……’ on the screen.

9 Postponement / Cancellation of Reverse Auctions

In case HPCL decides to postpone or Cancel a scheduled Reverse Auction, all eligible bidders will be informed by suitable e−mails well in advance.

In case of RA Cancellation due to RA failure or any other reason, bidders will also be informed by email to witness the price bids on the portal at scheduled date and time. A mail message will be received by eligible bidders towards this.

10 RA extension

In extreme case of Server outage, network

outage or failure of Internet connectivity, (or

any other unforeseen conditions)

from HPCL’s end, fax/ E−Mail

communication shall have to be

made immediately, to concerned

purchase officer of HPCL. No

such request shall be entertained

beyond one hour of the RA

closing time. To provide equal

opportunity, HPCL may decide to

extend the Reverse auction at

their discretion, but not as the

right of the bidder. The vendors

participating in Reverse Auction

process shall be kept on standby

for 1 Hour after RA closing time.

HPCL shall investigate the above

matter and decision for

extension of Reverse Auction

shall be based on the merit of

the issues pointed out and

verified by HPCL and same shall

be final and binding on the

vendor.

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Evaluation has been completed for Tender / Schedules / Lines: 10−02−2016 16:36:25 in the system. Please login to the site https://etender.hpcl.co.in and click Witness bid opening tab to witness loading factor if any against above tender. Note: This is system Generated Mail. Pls do not reply to this email.

HPCL shall complete the investigation within

two working days of receiving complaint from

any of the vendor.

In case of decision to extend Reverse Auction,

intimation mail may go out to all vendors within

a day of investigation closure. Vendors shall

generally be given intimation, a day in advance

before extended Reverse Auction is

commenced. The Reverse Auction shall

commence from the last saved decrement value

and shall be open for period of original duration

from commencement.

11 Reports:

Bidder can see ‘list of Reverse Auctions participated’ thru Reports. By clicking on ‘Participated Reverse Auctions’ in Reports tab, Bidder can see tender number, tender description, RA start date and End date , Closing Bid value and Bench Mark

Price along with their own submitted bids along with date and time.

12 Email Messages to Bidders All eligible bidders will be getting e−mails pertaining to Reverse Auctions from time to time. A list of such e− mails is given below −

Email Regarding witnessing of loading factors

Mail Regarding Reverse Auction

date & Time (including Loading factors)

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Reverse Auction has been called for a schedule of above tender. Please login to your account. Go to reverse auction tab. Download RA Document. Sign it with the appropriate certificate and upload it on the same page to proceed for participation in reverse auction.. RA Desc : Schedule A RA Date On: 18−05−2016 16:05:00. Please login to witness your Loading Factors before par cipa ng in Reverse Auction on schedule date and time. You may refer the help manual available in portal to understand the RA process.

Reverse Auction has been concluded for a schedule of above Tender. Tender Number: XXXXXXXXX, RA No:356 ,RA Desc: SCHEDULED A ,RA Date:26−MAR−2015:12:00 You are the lowest bidder on the recently concluded RA against subject tender. Please click on RA winner doc tab and submit the digitally signed RA winner document, generated from system as a token of confirmation to the final rate submitted by you. HPCL reserves the right to further negotiate the prices with lowest bidder for reducing the price / cancel the reverse auction process/tender at any time before ordering without assigning any reasons except in cases where tender is required to be cancelled after opening of priced bid and identification of L1 vendor wherein reasons for cancellation are to be conveyed to the L1 vendor.

Email regarding Reverse Auction Winner

document:

Email Regarding postponement of Reverse Auction

Email regarding Cancellation of Reverse Auction

Reverse Auction Extension Mail

Reverse Auction for Tender No 15000016−HB−10003 − Demo Tenders scheduled at 20−Apr−2015 15:45 is cancelled. Bid opening can be witnessed from 20−Apr−2015 16:00 onwards. RA is cancelled

Reverse Auction for Tender No 15000017-HB-10807 - SOR TENDERS scheduled at 01- May-2015 12:00 is postponed to 01-May-2015 15:00. Please ensure to login on the scheduled date and time at 01-May-2015 15:00 to participate in the reverse auction event. RA slot is not available

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Reverse Auction has been extended for a schedule of above tender scheduled at 22−Apr−2015 14:00 has been extended and new event time is 04−Feb−2016 15:00. We regret the inconvenience caused. Please login to your account in http://etender.hpcl.co.in , Click on Reverse Auction tab and participate in Reverse Auction with new decrypted password.

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GENERAL TERMS AND CONDITIONS (GTC)

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SUPPLY & INSTALLATION OF ODORIZING SYSTEM FOR CITY GAS DISTRIBUTION PROJECT

SECTION-III


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1. PRELIMINARY

1.1 This is a Contract for execution of job as defined in tender document at the specified location

1.2 The tenderer for the abovementioned supply is the company/ proprietary concern/ individual (as per details & address mentioned in the unpriced bid) and undersigned (digitally) is authorized to submit the bid on behalf of tenderer.

1.3 The terms and conditions mentioned hereunder are the terms and conditions of the Contract for the execution of the job mentioned under item 1.1 above.

1.4 It is the clear understanding between Hindustan Petroleum Corporation Limited and the tenderer that in case the bid of tenderer is accepted by Hindustan Petroleum Corporation Limited and an intimation to that effect is so issued and also a Procurement Orders on the tenderer this document shall form part of the Contract between the parties and terms and conditions hereunder would govern the parties interest.

1.5 Interpretation of Contract Documents: All documents forming part of the Contract are to be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Engineer-in-Charge/Site-in-Charge shall be the final and the contractor shall abide by the decision. The decision shall not be arbitrable. Items shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications.

1.6 Special conditions of Contract: The special conditions of contract, if any provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any misunderstanding arising the same shall be referred to decision of the Owner/ Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitrable.

It is the clear understanding that wherever it is mentioned that the Contractor shall do/perform a job and/or provide facilities for the performance of the job, the doing or the performance or the providing of the facilities is at the cost and expenses of the Contractor not liable to be paid or reimbursed by the Owner.

1.7 The Order of Precedence of documents shall be as follows with document at level 1 having the highest precedence.

1. Contract Agreement 2. Detailed Letter of Acceptance along with its enclosures 3. Letter of Award / Fax of Acceptance 4. Job Specifications (specific to particular job only) 5. Drawings

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6. Special Terms and Conditions 7. Technical Specifications 8. Instructions to Bidders 9. General Terms and Conditions 10. Other Documents

Any amendment / change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its annexures.

2. DEFINITIONS

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

b. The CORPORATION means HINDUSTAN PETROLEUM CORPORATION LIMITED, a company incorporated in India having its registered office at 17, Jamshedji Tata Road, Mumbai- 400 020 and shall include its successors and assignees.

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

d. “Vendor / Seller / Supplier”: Vendor / Seller / Supplier shall mean the person, firm or corporation to whom this Purchase Order is issued.

e. “Contractual Delivery Date”: Contractual Delivery date is the date on which goods shall be delivered F.O.R/F.O.T. Despatching Point/ Destination in accordance with the terms of the Purchase Order. This contractual delivery date / period is inclusive of all the lead time for engineering, procurement of raw materials, manufacturing, inspection, testing, packing and any other activity whatsoever required to be accomplished for affecting the delivery at the agreed delivery point.

f. “Inspectors”: Inspectors deputed by Corporation.

g. ‘Total Order Value’ means: -

i. For Material Supply Contract: - The basic cost excluding taxes, duties, levies, freight etc. unless and until specifically mentioned in the purchase order.

ii. For Lump sum / Turnkey contract: - The total cost & all other cost inclusive of taxes, duties, levies, freight etc.

h. ‘Total Order Value’ shall be considered for the purpose of calculation of:

1. Price reduction on account of delay 2. Performance bank Guarantee Amount 3. Payment of advance, if any to be made.

i. Note: - The total order for levy of Price Reduction on account of delay shall include all

types of escalation (including on account of Foreign Exchange Variation) agreed to in terms of Purchase Order.

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3. REFERENCE FOR DOCUMENTATION

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

4. CONFIRMATION OF ORDER

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

5. SALES CONDITIONS

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

6. COMPLETE AGREEMENT

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

7. INSPECTION-CHECKING-TESTING

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

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

c. Before shipping or dispatch, the equipment and or materials will have to be checked and stamped by inspectors who are authorized also to forbid the use and dispatch of any equipment and/or materials which during tests and inspection fail to comply with the specifications, codes and testing requirements.

d. The vendor shall inform the Corporation at least eight days in advance of the exact place, date and time of rendering the equipment or materials for required inspection.

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

f. Even if the inspections and tests are fully carried out, Vendor would not be absolved to any degree from his responsibilities to ensure that all equipment’s and materials supplied comply strictly with requirements as per agreement both during construction, at the time of delivery, inspection, on arrival at site and after its erection or start-up and guarantee period as stipulated in clause 30 hereof.

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g. The Vendor’s responsibility will not be lessened to any degree due to any comments made by the Corporation and Inspectors on the Vendor’s drawings or by Inspectors witnessing any chemical or physical tests.

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

8. OFFICIAL INSTITUTIONAL TESTING

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

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

9. WEIGHTS AND MEASUREMENTS

a. All weights and measurements recorded by the Corporation on receipt of goods at site will be treated as final.

b. Vendor’s shipping documents and invoices must contain the following data:

i. Unit net weight

ii. Unit gross weight (packing included)

iii. Dimensions of packing.

10. DESPATCH INSTRUCTIONS

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

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

c. The goods shall be consigned in the name of consignee as applicable.

d. Corporation’s warehouse is open to receive stores between 9.00 A.M and 3 P.M on all working days. No goods will be accepted after 3.00 P.M.

e. Corporation reserves the right to advise any change in dispatching point / destination

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and / or mode of transport, as may be required. Any extra expenditure on this account supported by documentary evidence will be reimbursed by the Corporation.

11. OILS & LUBRICANTS

The first filling of oils and lubricants, if any, required for every equipment shall be included in the price and appropriate products manufactured by the Corporation (HPCL) shall be used. The Vendor shall also recommend the quality / quantity of oils and lubricants required for one-year continuous operation.

12. SPARE PARTS a. The Vendor must furnish itemized price list of spare parts indicating quantity, unit rate

& total rate required for two years operation of the main equipment and prime movers also, if mentioned in the tender.

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

13. PACKING AND MARKING

a. The Materials shall be suitably packed for safe transportation till receipt at site and should be commensurate with best possible practices of packing, unless specifically stipulated in the Technical specifications, to avoid any damage during transit.

b. All fragile and exposed parts shall be packed carefully and the package shall bear the words ‘HANDLE WITH CARE’, ‘THIS SIDE UP’ and ‘FRAGILE’.

c. All holes and openings and also other delicate surfaces shall be carefully protected against bad weather. All threaded fittings shall be greased and provided with plastic caps. All small pieces shall be packed in cases.

d. The Supplier shall be liable for all damages or breakage to the Materials due to defective or insufficient packing as well as for corrosion due to insufficient protection.

e. Detailed packing list in waterproof envelope shall be kept in each package together with material and one copy of packing list shall be fastened outside the box in waterproof envelope.

f. Each package shall be marked in bold letters on the external three surface of the package as follows:

i. From: Address of Supplier / Sub-supplier.

ii. For: Hindustan Petroleum Corporation Ltd. (location)

iii. Item:

iv. Package No. : of total packages

v. Dimensions: (Dimensions of each package)

vi. Weight: (Weight of each package)

vii. Special Instruction for storage, if any.

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viii. Special unloading arrangements, if required, shall be clearly mentioned in the Packing List.

ix. All packages containing the following items shall be packed separately as ordered and shall have additional clear marking for identification.

1. Mandatory Spares. 2. Commissioning Spares.

14. SHIPMENT AND SHIPMENT NOTICES

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

b. Within 24 hours of shipment, Vendor shall inform despatch particulars to Corporation by fax / courier / email.

c. The Vendor shall carefully note the destination of materials.

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

15. CONTROL REGULATIONS

The supply, despatch and delivery of goods shall be arranged by the Vendor in strict conformity with the statutory regulations including provision of Industries (Development and Regulation) Act 1951 and any amendment thereof as applicable from time to time. The Corporation disowns any responsibility for any irregularity or contravention of any of the statutory regulations in manufacture or supply of the stores covered by this order.

16. TRANSIT RISK

Transit Risk insurance shall be covered by the Corporation. The Vendor shall advise the despatch particulars to Corporation immediately after shipment.

17. RESPECT FOR DELIVERY DATES.

Time of delivery as mentioned in the Purchase Order shall be the essence of the contract and no variation shall be permitted except with prior authorization in writing from the Corporation. Goods should be delivered securely packed and in good order and condition at the place and within the time specified in the Purchase Order for their delivery.

18. PRICE REDUCTION FOR DELAYED DELIVERY

In case of delayed delivery, prices will be reduced @1/2% of the total basic order value for every week of delay or part thereof subject to a maximum of @5% of the total basic order value. NOTE :

a. Price Reduction shall be applicable only on the basic cost and on Full complete week (s) and for fractional days Price reduction shall be applicable on pro-rata, if any.

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b. Initially Price Reduction shall be applicable for total basic order value and final Price

Reduction settlement to be on undelivered portion in the contractual delivery period.

19. FORCE MAJEURE Circumstances leading to force majeure (a) act of terrorism; (b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared

or not), civil war, rebellion, revolution, insurrection of military or usurped power;

(c) ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but excluding weather conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed, and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other than due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force Majeure event.

• Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from, or delaying the Affected Party in performing its obligations under the Contract.

• Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty-five) days after notice has been given under this clause, either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party.

• Payment in case of termination due to Force Majeure

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The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure.

The Contractor has no entitlement and Owner has no liability for:

a) any costs, losses, expenses, damages or the payment of any part of the Contract Price during an event of Force Majeure; and

b) any delay costs in any way incurred by the Contractor due to an event of Force Majeure.

Time extension for such cases will be worked out appropriately.

20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

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

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

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE CORPORATION

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

i. Ex-works: when the vendor places the goods at the disposal of the buyer at the vendor’s premises or another named place (i.e. works, factory, warehouse, etc.)

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

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

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

v. Equipment erected by the Vendor: On temporary acceptance at job site. vi. Equipment commissioned by the Vendor: On taking over by the Corporation for regular

operation after test runs at maximum capacity for specified period satisfactorily performed.

22. PRICE

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a. Unless otherwise agreed to in the terms of the Purchase Order, the price shall be firm and not subject to escalation for any reason whatsoever till the execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order.

b. Price shall be exclusive of GST (CGST, SGST, IGST as applicable), Customs Duty and applicable Cess, which are leviable by law on sale of finished goods to Corporation. The nature and extent of such levies shall be shown separately.

c. Anti-Profiteering Clause – GST Act anti-profiteering provisions mandates that any reduction in tax rates or benefits of input tax credits be passed on to the consumer by way of commensurate reduction in prices. Vendors to take note of the same and pass such benefits while quoting their price.

23. TAXES & DUTIES:

a. GST (CGST, SGST, IGST as applicable), Customs Duty and applicable Cess as applicable shall be reimbursed for the materials consigned to Corporation as per limits indicated in the offer against documentary evidence to be furnished by the supplier. Corporation shall pay only those taxes, duties and levies as indicated by Supplier at the time of bid submission/as agreed subsequently prior to opening of priced bids). Taxes/duties and/or levies not indicated by supplier in bid, but payable, shall be to Supplier’s account. In case of any increase/decrease applicable in GST (CGST, SGST, IGST as applicable) Customs Duty and applicable Cess indicated with reference to limits mentioned in the offer/bid or new taxes/duties/levies imposed by the Indian Government through Gazatte notification after the date of submission of last Price Bid but prior to contractual delivery date, the Corporation shall reimburse/adjust the increase/decrease in taxes & duties on satisfactory supporting documents.

b. Supplier shall be responsible for availing all applicable concessions in taxes, duties, levies etc. as per terms of Purchase Order. Any loss, direct or implied, accrued to Corporation on account of supplier’s failure to avail concessions shall be borne by Supplier.

c. The vendor shall comply with all the provisions of the GST Act/Rules/ requirements like providing of tax invoices, payment of taxes to the authorities with in the due dates, filing of returns with the due dates etc. to enable HPCL to take Input Tax Credit. In case of imports, vendors shall provide import documents and invoice fulfilling the requirement of Customs Act and Rules. Vendor will be fully responsible for complying with the Customs provisions to enable HPCL to take Input Tax Credit.

d. In case, HPCL is not able to take Input Tax Credit due to any noncompliance/default/negligence of the seller of goods/service provider, the same shall be recovered from the pending bills/dues (including security deposit, BG etc.)

e. Vendor shall be responsible to indemnify the Corporation for any loss, direct or implied accrued to the Corporation on account of supplier/service provider failure to discharge his statutory liabilities like paying taxes on time, filing appropriate

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returns within the prescribed time etc.

24. CUSTOMS DUTY (CD) VARIATION

a. The prices mentioned in offer are subject to Customs Duty (CD) variation. In case of any increase in rates of Customs Duty, IGST and applicable Cess by the Indian Government through Gazatte notification after the submission of last priced offer but within the time schedule for import of materials, as mentioned. Corporation shall reimburse the increase in taxes and duties at actuals against satisfactory supporting documents.

b. All downward variations in the rates of all such duties shall be to Corporation’s account and same shall be calculated on actual CIF value of imported materials subject to the limit mentioned. Supplier shall submit all relevant documents to Corporation for the proof of duty paid by them within one month from the date of Bill of Entry (BOE).

c. Custom Duty variation shall be paid by Corporation up to the limit of maximum CIF value of imported components as indicated in the offer.

d. Rate of Custom Duty along with tariff number considered by Supplier in the prices shall be indicated in the offer.

25. FOREIGN EXCHANGE (FE) VARIATION

a. The CIF value in Indian Rupees / Foreign Currency to be declared should cover the currencies of the countries from which import of materials / components are envisaged to administer foreign currency variation.

b. The FE variation will be paid for if imports are made at the listed currency subject to ceiling limit.

c. The list of foreign currency, country of origin, ceiling of foreign value of import envisaged against each item of materials / components for import and rate of conversion into Rupees envisaged to be furnished in the tender. The period within which import shall be made after placement of LOI (i.e. Contractual Completion date of imports, herein after called CDD) shall also be indicated in the offer.

d. For reimbursement of foreign exchange variation, documentary evidence like bank certificates of remittance showing the date of payment and rate of foreign currency to Indian rupees to be furnished along with a copy of bills of entry duty attested by Customs department. All downward variations in conversion rate will be to Corporation’s account.

e. Variation will be paid only if imports are made within the period as specified in offer for import. For imports made beyond that period, foreign currency variation will be paid based on the conversion rates prevailing on the last date of period of agreed to for imports. The last date for imports agreed will be the import landing date in India envisaged by Bill of Entry.

f. Bidder shall indicate the maximum CIF component along with currency of import. In case supplier imports less than the CIF value indicated in the bid, Duty. FE variation etc. shall be reimbursed only for the actual import carried out.

g. Foreign exchange variation, if any, downward or upward, will be paid only if imports are made within the agreed completion period.

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h. For the purpose of Foreign Exchange variation reimbursement, State Bank of India (SBI) selling rate applicable on the bill of entry date or SBI selling rate on Bank remittance date or actual remittance rate, whichever is lower shall be considered. The following clause also to be considered.

i. The BOE date may fall within Contractual Completion Date or beyond, it has already been stipulated as above conditions that no reimbursement for FE / CD variation will be paid if the actual import is beyond Contractual completion date. In such a case, the variation reimbursement will be restricted to the difference between the rate quoted in the tender and the lower of the following:

i. The actual remittance rate.

ii. SBI Bill selling rate on the date of CDD.

26. TERMS OF PAYMENT

a. The following payment terms shall be applicable:

i. 75% of the bill amount duly recommended by user on receipt of materials / docs. at HPCL shall be paid within 7 days of receipt of bill.

ii. Balance 25% to be paid after verification/ certification within 15 days of receipt of bill. However, the final bill payment will not exceed 30 days.

b. HPCL has taken the initiative to expedite the payment to vendors through e-payment. Hence confirm that you have filled the HPCL bank mandate for e-payment.

c. Payment against invoice shall be made on receipt of equipment/materials at site against submission of following documents along with your Bill/Invoice:-

i. Delivery Challan / Lorry Receipt. ii. Manufacturer’s Test Certificate iii. Inspection/Clearance report iv. Manufacturer’s Guarantee Certificate v. Performance Bank Guarantee for 10% Basic Order Value vi. Any other document specified in the Purchase Order.

d. The financial settlement of Vendor’s invoice is liable to be withheld in the event the

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

e. HPCL will furnish their approved format for bank guarantee/ indemnity bond for all the advance payments directly to vendor along with FOA/ PO, wherever applicable.

f. In case of delayed supplies, bills will be paid after recovering the amount as per price reduction clause of the P.O.

g. All bank guarantees shall be non-revocable and from Scheduled / Nationalised Banks other than cooperative banks in India and as per HPCL’s proforma.

h. PBG shall be valid till expiry of guarantee period. All other Bank Guarantees shall be valid till contractual completion period, unless otherwise specified. All bank guarantees shall have a claim period of 1(one) month after expiry date of bank guarantee.

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27. RECOVERY OF SUMS DUE

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

28. CHANGES

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

29. CANCELLATION / RISK PURCHASE CLAUSE:

a. The Corporation reserves the right to cancel this purchase order or any part thereof and shall be entitled to rescind the contract wholly or in part with a written notice to the vendor if:

i. The vendor fails to comply with the terms of this purchase order.

ii. The vendor fails to deliver the goods on time and / or replace the rejected goods promptly.

iii. The Vendor becomes bankrupt or goes into liquidation.

iv. The vendor makes a general assignment for the benefit of creditors.

v. A receiver is appointed for any of the property owned by the vendor.

b. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the Purchase Order and matters connected with it. The vendor is aware that the said goods are required by the Corporation for the ultimate purpose of materials production and that non delivery may cause loss of production and consequently loss of profit to the Corporation.

c. Therefore, in case of Termination of the contract, Corporation shall have the right to carry out the unexecuted portion of the supply/work either by themselves or through any other vendor(s)/contractor(s) at the risk and cost of the vendor/ contractor. In view of paucity of time, Corporation shall have the right to place such unexecuted portion of the supply/work on any nominated vendor(s)/contractor(s). However, the overall liability of the vendor/Contractor shall be restricted to 100% of the total contract value.

d. The provision of this clause shall not prejudice the right of the Corporation from invoking the provisions of clause “Delayed Delivery” as a fore said.

30. PATENTS AND ROYALTIES

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

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31. PERFORMANCE GUARANTEE

a. The supplies made against this order shall be fully guaranteed against any manufacturing defects/poor workmanship/inferior quality etc. for a period of 12 months from the date of commissioning or 18 months from the date of supply whichever is earlier. During this period, you will arrange to repair/replace any defective parts free of cost or replace complete set if required. Guarantee Certificate should be submitted along with despatch documents. You will furnish performance Bank Guarantee in favour of HPCL issued by Scheduled bank (other than co-operative banks) for 10% value of the material supplied and valid during the above guarantee period.

b. Composite PBG valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks (other than cooperative banks).

Quantum of Performance Bank Guarantee inclusive of Security Deposit should be as follows: - All items (other than CVR items) : 10% of PO value

- For CVR items: Rs. 10.0 lakhs or 5% of the order value whichever is lower. Composite PBG of above value towards Performance Bank Guarantee inclusive of Security Deposit shall be accepted (in lieu of deduction of retention money of 10% from each bill); Such composite PBG shall be valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks (other than cooperative banks).

32. NON WAIVER

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

33. NON ASSIGNMENT

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

34. PART ORDER/ SPLIT ORDER / REPEAT ORDER

Vendor hereby agrees to accept part orders, split order at Corporation’s option without any limitation whatsoever and also accept repeat order up to 100% of each item during a period of 12 months after placement of purchase order at the same unit prices, terms and conditions.

35. VENDOR’S DRAWINGS AND DATA REQUIREMENT

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

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attached to the Purchase Order as called for in clause 8, viz, ‘Expediting’ above. The types, quantities and time limits of submitting this must be respected in its entirety failing which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order execution.

36. TECHNICAL INFORMATION

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

b. The Vendor shall not disclose the technical information furnished to or gained by the Vendor under or by virtue or as a result of the implementation of this Purchase Order to any person, firm or body or corporate authority and shall make all endeavours to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the Vendor by the Corporation shall at all times remain the absolute Property of the Corporation.

37. SERVICES OF VENDOR’S PERSONNEL

Unless otherwise specified in the PO, services of vendor’s personnel shall be made within two weeks advance notice and the Vendor shall depute the necessary personnel to site for supervision of erection and start-up of the equipment and train a few of the Corporation’s personnel for the operation and maintenance of the equipment if required, by the Corporation. The terms and conditions for the services of the Vendor shall be mutually settled.

38. VENDOR’S LIABILITY

The Vendor’s workmen or employees shall under no circumstances be deemed to be in Corporation’s employment and the Vendor shall hold himself responsible for any claim or claims which they or their heirs, dependents, personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by this Purchase Order, whether arising on Corporation premises or elsewhere and agrees to indemnify the Corporation against any such claim or claims if made against the Corporation and all cost (as between attorney and client) of proceedings, suits or action which the Corporation may incur/sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost comprehensive Automobile Liability insurance for adequate coverage in respect of all his vehicles visiting or plying in project premises. The Vendor shall also be responsible for compliance of existing laws in respect of their workmen and employees. Extent of Liability shall be read in conjunction with clause no. 28 above. a. LIMITATION OF LIABILITY Notwithstanding anything contrary contained herein, the aggregate total liability of Seller, excluding his liability towards infringement of patent, trade mark or industrial design rights under the contract or otherwise shall be limited to 100% of value of Purchase order. However, neither party shall be liable to the other party for any indirect and consequential damages, loss of profits or loss of production. (Refer Annexure 22 – Govt. Guideline Sr. No. 13)

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39. CORPORATION’S MATERIAL

a. Corporation’s material shall be delivered to the Vendor against submission of Bank

Guarantee for indemnifying the full value there of strictly in the manner and as per proforma of bank Guarantee approved by the Corporation.

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

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

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

40. GUARANTEE FOR SPARE PARTS: a. The seller shall undertake that before going out of production of the spare parts he will

give adequate advance notice to the Procurement so that the latter may order his requirements of spares in one lot if so desires.

b. The seller shall further guarantee that if he goes out of production of spare parts, then he will make available blue prints, drawings of spare parts and specification of materials at no extra cost to the Procurement, if and when required in connection with the equipment to enable the procurer to fabricate or procure spare parts from other source.

b. The provision of this clause shall remain effective and binding upon the seller even after the completion or expiry of the order and till the plant / machinery / equipment / instrument supplied under the order is in use by the procurer.

41. ARBITRATION

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

b. The appointing authority shall either himself act as the Sole Arbitrator or nominate

some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as

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Corporation 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 Corporation, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference.

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

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

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

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

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

h. The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be R 40,000/- per case for transportation contracts and R 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 R 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.

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

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

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P.013702 D11031

058

English language.

k. The Appointing Authority is the Functional Director* of Hindustan Petroleum Corporation Limited.

l. Procurement Authorities may mention, if considered necessary, the proper designation such as Director-Refineries, etc.

42. JURISDICTION The Vendor hereby agrees that the Courts situated in location given in tender header” shall have the jurisdiction to hear and determine all actions and proceedings arising out of this contract. CLAUSE

a. Vendor needs to clarify whether you are registered with NSIC. If registered, vendor needs to submit the following documents along with their offer.

b. Photocopy of the NSIC Registration Certificate, which clearly shows the following details/ information:

i. Name of the Bidder ii. Address of the Bidder iii. Validity of the Registration iv. Items for which the Bidder is registered v. Monetary Limit and acknowledged copy of Entrepreneurs Memorandum Part II

c. Also vendor has to clarify whether you have secured Orders for same items, during the preceding 12 months, in competition with Large Scale Units, WITHOUT any Price Preference.

d. In case vendor have secured Orders for same items, during the preceding 12 months, in competition with Large Scale Units, WITHOUT any Price Preference, then vendor has to furnish a Declaration on their Letter Head accordingly.

e. Please note that in the absence of the above information, offer will be evaluated without considering Price Preference.

1.0 Preference to MSEs

a. In case the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro and Small Enterprises, the bidder shall be entitled for following:

i. Issue of Tender Documents to MSEs free of cost. ii. Exemption to MSEs from payment of EMD. iii. Micro and Small Enterprises quoting price within price brand of L1+15% shall also be

allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where LI price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply upto 25% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply

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P.013702 D11031

058

of 25% portion shall be shared amongst them. Further, out of above 25%, of 4% will be earmarked for procurement from MSEs owned by SC/ST entrepreneurs and 3% will be earmarked for procurement from MSEs owned by women.

This quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs or women entrepreneurs.

b. The quoted prices against various items shall remain valid in case of splitting of quantities of the items as above.

c. MSE bidder shall submit the following:

i. Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.

ii. If the MSE is owned by SC/ST Entrepreneurs or MSEs owned by women entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

iii. The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder's company/firm) where audited accounts are not mandatory as per law.

d. If the bidder does not provide the appropriate document or any evidence to substantiate the above, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy for Micro and Small Enterprises (MSEs) order 2012 along with amendments notified vide Government of India Gazette from time to time.

43. VALIDITY OF OFFER:

Offer shall be valid for 3 months from the due date / extended due date of the tender enquiry.

44. INTEGRITY PACT: All tenders shall comply with the requirements of the Integrity Pact (IP) if the value of such tenders is r 1 crore & above. Failure to sign the Integrity Pact shall lead to outright rejection of bid.

45. ORDER OF PRECEDENCE

In case of any discrepancy between the conditions stated in the GTC (which is an integral part of the Order) and those specifically mentioned in the Purchase Order, the later shall prevail over the former.

46. GENERAL:

a. Deviations to Terms and Conditions shall lead to loading of prices or make your offer liable for rejection.

b. All resident/non-resident parties to obtain and furnish their PAN in order to avoid tax

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withholding at a higher rate. Even though the non-residents may not have permanent establishment (PE), branch, local office in India, they can apply with their foreign address. For your information, the web address for applying for PAN in Form No. 49A to NSDL or UTISL online as given in the following sites:

(AO details for International Taxation are also available online). i. http://tin.tin.nsdl.com/pan/index.html/ ii. http://incometaxindia.gov.in/ iii. https://incometaxindiaefiling.gov.in/portal/index.jsp iv. http://www.utitsl.co.in/

c. GRIEVANCE REDRESSAL: There is a grievance redressal mechanism in HPCL for vendors participating in the tender, the details of which are available on HPCL’s website www.hindustanpetroleum.com.

d. PBG Format is attached with this GTC.

e. The guidelines for Holiday Listing as adopted and available on HPCL website shall be applicable to all tenders floated and all Purchase Orders/ Contracts placed by HPCL.

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SCHEDULE OF RATES P.013702

D 11031 012

Rev. 0 Supply of Ball Valves for City Gas Distribution Project




SECTION-VI

SCHEDULE OF RATES (SOR)

Page 136 of 137

22.08.2019

Amount Amount Amount Amount Amount Amount

1 2 3 4 5 6 7

A Supply of below mentioned Ball Valves as per tender terms & conditions

1.0 4'' Carbon Steel Manual Ball Valves, Flange End, 300 # , Full Bore, for Above Ground Service Nos. INR 20

2.0 4'' Carbon Steel Manual Ball Valves, Butt Welded, 300 # , Full Bore, for Under Ground Service Nos. INR 34

3.0 8" Carbon Steel Manual Ball Valves, Flange End, 300 # , Full Bore, for Above Ground Service Nos. INR 5

4.0 8" Carbon Steel Manual Ball Valves, Butt Welded, 300 # , Full Bore, for Under Ground Service Nos. INR 15

1

2

3

4

5

6

7

Item Sr.

No.Brief Description Unit Currency

Schedule of Rate

FOR

SUPPLY OF BALL VALVES FOR CGD PROJECT AT SONIPAT ‐ JIND

HPCL E‐Tender No.: 19000451‐HD‐10157

Tractebel Tender No.: P.013702 D 11031 012

Qty

Basic Unit rate including

Packing, Forwarding and

inspection charges

Scope of Supply including testing, inspection, documentation etc. and other terms and conditions shall be strictly as per bid document.

Prices in column (6) shall include all the applicable taxes, duties, third party inspection charges & other incidental expenses etc. till the materials are delivered at HPCL's store / site as defined in tender document. No extra payment will be made by Purchaser on any account.

Note:‐

GST @ ….........%

‐ on Col. 2

Freight, Transit

Insurance & Unloading

etc.

Excluding taxes

GST @ …..........%

‐ on Col. 4

Unit Price ‐ FOT HPCL store / site,

inclusive of all Taxes & duties

(2+3+4+5)

In case of discrepancy between unit price and total, the unit price shall prevail.

Bidder to indicate HSN no. for each valve

Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each Sr. No. in the price column in the un‐priced Schedule of Rates and submit the same in Un‐priced part of the bid. Bidders to submit Price part of above Schedule of Rates in their Priced Bid.

Quoted prices are firm & fixed till complete execution of the entire order.

Bidder confirms that he has noted the contents of the bid document, specifications & quoted his prices accordingly without any deviation.

HSN / SAC No.

Total Price ‐ FOT HPCL store / site,

inclusive of all Taxes & duties

(1 x 6)

Grand Total

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At the helm of the Energy Transition, Tractebel provides a full range of engineering and advisory servicesthroughout the life cycle of its clients’ projects, including design and project management. As one of the world’sleading engineering and advisory companies and with more than 150 years of experience, it's our mission toactively shape the world of tomorrow. With about 5,000 experts and presence in more than 70 countries, we areable to offer our customers multidisciplinary solutions in energy, water and urban.

TRACTEBEL ENGINEERING PVT. LTD.

KOLKATA OFFICEIntec House 37Institutional Area, Sector 44Salt Lake Electronics Complex - Sector V,Bidhan Nagar122 002 - Gurgaon - INDIAtractebel-engie.com

Chandan Kumar SINGHtel. +91 124 469 8500fax + 91 124 469 [email protected]

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