3913

Tender Number: 100000211-HD-10002
BID DUE DATE & TIME: 1530 Hrs. IST on 4 th

MARCH , 2011
OPENING OF UN-PRICED BIDS: 1530 Hrs. IST on, 4 th

MARCH , 2011

Tender shall be deposited in the tender box provided in the office of :

Ch. Manager Procurement P&P
M/s Hindustan Petroleum Corporation Limited
Gresham Assurance House (2nd floor),
Sir P M Road, Fort,
Mumbai - 400 001

____________________
Ravi Dutt Gaur
Ch. Manager Procurement P&P

Tender issued to :
M/s _____________________________
_________________________________
_________________________________
_________________________________
TENDER FOR
FLEXIBLE TUBE FOR FLOATING ROOF
TANK at AJMER, JAIPUR, REWARI
AND IRUMPANAM

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Sign & Stamp of Bidder

TABLE OF CONTENTS

Chapter
No.
Description
I Bid Qualification Criteria
II Instructions to Bidders
III Technical Specification for Stainless steel armored hose as per API 650/API
17J
IV Special Conditions of Purchase
V General Purchase Conditions for Indigenous Materials
VI General Purchase Conditions for Foreign Bidders
VII Acceptance / Confirmation / Details to be Furnished by Foreign Bidders
VIII Performance Bank Guarantee Format
IX Deviation Sheet
X Agreed Terms & Conditions
XI Un-Priced Bid Formats
XII Price Bid
XIII Schedule of rates ( unpriced)
XIV Annexure I
XV Time Schedule
XVI Tank GAD ( Battery limit)
XVII Integrity Pact

NOTE: BIDDERS ARE REQUESTED TO SIGN AND STAMP ALL THE PAGES OF
TENDER DOCUMENT & SEND THE SAME BACK IN THEIR OFFER AS A
TOKEN OF UNCONDITIONAL ACCEPTANCE OF TENDER TERMS.

PRICE BID SHOULD BE SUBMITTED IN A SEPARATE SEALED ENVELOPE
SUPERSCRIBED WITHPRICE BID, TENDER NO. & JOB. NO CONDITIONS
SHOULD BE MENTIONED IN PRIC BID

THE DEVIATIONS, IF ANY, SHOULD BE MENTIONED SEPARATELY ON
BIDDERS LETTER HEAD IN UNPRICED BID. THE DEVIATIONS MENTIONED
ANYWHERE ELSE SHALL NOT BE CONSIDERED. IN ABSENCE OF
DEVIATION SHEET IT WOULD BE CONCLUDED THAT BIDDER HAS
ACCEPTED THE TENDER TERMS WITHOUT ANY DEVIATIONS.
CORRECTIONS IN TENDER DOCUMENT WILL NOT BE ACCEPTED.

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CHAPTER -!
BID QUALIFICATION CRITERIA
GLOBAL NOTICE FOR INVITATION FOR BIDS (IFB)

FLEXIBLE TUBE
FOR FLOATING ROOF TANK
Bid Document No.: 100000211-HD-10002

Hindustan Petroleum Corporation Limited (HPCL), invites sealed bids under single stage
two bid system from eligible bidders for Supply of flexible tube for additional product
tankage projects at our AJMER, JAIPUR, REWARI AND IRUMPANAM Terminals.

Brief Scope of work and System description:

The vendors scope covers design, manufacture, supply, testing, installation, hydro test,
commissioning & guarantee of stainless steel armored hose as per API-650 (latest
edition) /Un bonded Flexible Pipe as per API 17J including connecting flange for floating
roof tank.

BID QUALIFICATION CRITERIA:

(A) Bidders shall meet all the Criteria given hereunder in Clauses 1.0 and 2.0

1.0 Financial:

Annual Turnover: shall meet the minimum prescribed pre-qualification
requirement as follows:

Average Annual financial turnover, as per audited profit & loss account, in each of
the last three financial years ending March 10 shall be at least INR 45,49,200.00
(USD 101000). For the vendors following financial year closing at the end of June
or September or December, the last 3 financial years ending with June09,
September 09 or December 09 will be considered.

2.0 Technical:

2.1 The bidder shall furnish the proof that the plant/manufacturing unit shall
be supplying the stainless steel armored hose as per API 650/API 17J and
the unit/manufacturing plant should be a regular and established
manufacturer of stainless steel armored hose/flexible pipe.

2.2 The party should have experience of having successfully completed supply of
stainless steel armored hose as per API 650/API 17J for floating roof tanks
in the last seven years ending 31/01/11 one of the following:

a. Three similar completed works i.e. Supply of stainless steel armored hose
as per API 650/API 17J for floating roof tanks, each costing not less than
the amount of INR 60,65,760.00 /- (USD 134672)
OR

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b. Two similar completed works i.e. Supply of stainless steel armored hose as
per API 650/API 17J for floating roof tanks, each costing not less than the
amount of INR 75,82,200.00 /-(USD 168340)
OR
c. One similar completed works i.e. Supply of stainless steel armored hose as
per API 650/API 17J for floating roof tanks, each costing not less than the
amount of INR 121,31,520.00 /- (USD 269344)

Considering
01 (ONE) USD=45.041. INR, AS ON DATE 12.01.2011

(B) Information/Documents required along with Application:

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

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

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

(a) Copies of audited Annual Reports / Balance sheet and Profit &Loss
account for the financial year ending December08 /March 09
/June09 / September 09/Dec 09/ March 10

4) Following documents are required to be submitted as proof of meeting pre
qualification criteria [Clause no. A (2.0) (Technical) ]

(a) Copy or original Purchase / work Order / certified bills from client /
owner / project consultants along with their completion certificate /
proof of delivery. The Purchase / work Order and completion
certificate / proof of delivery should mention the details of supplies
carried out by the applicant so as to enable us to identify whether
the applicant meets the technical criteria stipulated above or not.

(b) Any other document certified by the owner/client (for whom the job
has been executed) specifically having mention of the jobs carried
out in support of meeting the technical criteria stipulated above.

(c) Copy of letter from the Plant/Manufacturing unit clearly stating that
they shall be supplying the stainless steel armored hose as per API
650/API 17J as per HPCLs specifications to the bidder.

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

C. OTHER INFORMATION

1. Parties who are affiliates of one another can decide which Affiliate will make a bid.
Only one affiliate may submit a bid. Two or more affiliates are not permitted to

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make separate bids directly or indirectly. If 2 or more affiliates submit a bid, then
any one or all of them are liable for disqualification. However up to 3 affiliates may
make a joint bid as a consortium, and in which case the conditions applicable to a
consortium shall apply to them.

Affiliate of a Party shall mean any company or legal entity which:

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

2. Bids may be submitted by:

a) A single person/ entity (called sole bidder);
b) A newly formed incorporated joint venture (JV) which has not completed 3
financial years from the date of commencement of business;
c) A consortium (including an unincorporated JV) having a maximum of 3 (three)
members;
d) An Indian arm of a foreign company.

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

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

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

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

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

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2) The Bid shall specifically identify and describe each member of the
consortium;
3) the consortium member descriptions shall indicate what type of legal
entity the member is and its jurisdiction of incorporation (or of
establishment as a legal entity other than as a corporation) and provide
evidence by a copy of the articles of incorporation (or equivalent
documents);
4) One participant member of the consortium shall be identified as the
Prime member and contracting entity for the consortium;
5) This prime member shall be solely responsible for all aspects of the Bid/
Proposal including the execution of all tasks and performance of all
consortium obligations;
6) The prime member shall fulfill each eligibility criteria;
7) a commitment shall be given from each of the consortium members in the
form of a letter signed by a duly authorized officer clearly identifying the
role of the member in the Bid and the members commitment to perform
all relevant tasks and obligations in support of the Prime/lead member of
the Consortium and a commitment not to withdraw from the consortium;
8) No change shall be permitted in the number, nature or share holding
pattern of the Consortium members after pre-qualification, without the
prior written permission of the Owner.
9) No change in project plans, timetables or pricing will be permitted as a
consequence of any withdrawal or failure to perform by a consortium
member;
10) No consortium member shall hold less than 25% stake in a consortium;
11) Entities which are affiliates of one another are allowed to bid either as a
sole bidder or as a consortium only;
12) Any person or entity can bid either singly or as a member of only one
consortium.

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

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CHAPTER II A

NOTICE FOR GLOBAL INVITATION FOR BIDS & INSTRUCTIONS TO
BIDDERS

INSTRUCTIONS TO BIDDERS

DETAILS OF BID DOCUMENT
Bid Document No : 10000211 -HD-10002

Bid Document on sale : From 04/02/2011 @ 1000 hrs IST to 28/02/2011
@ 1500 hrs IST.

Bid Due Date & Time : 4 th MARCH , 2011 (1500 hours IST)

Opening of Bid Security : 4 th MARCH , 2011 (1530 hours IST)
& Unpriced bid.

Bid Document Fee : Rs. 5,000.00 for Domestic Bidders.
(Non-refundable) USD 111.00 for Foreign Bidders.

1.0 General

Bid Document (non-transferable) can be purchased from the Chief
Manager- Procurement, Gresham Assurance Building, 2
nd
Floor, Sir P. M.
Road, Fort, Mumbai 400001, on any working day from 1000 hours to
1600 hours against a written request and payment of requisite document fee
by Crossed Bank Draft from a first class International Bank or an Indian
Scheduled Bank (other than Co-operative), in favour of Hindustan
Petroleum Corporation Limited, payable at Mumbai. Vendors opting to procure
bid document by post, need to submit required Tender document Fee )in
prescribed format) or Exemption Certificate (as per tender terms) and Written
request. Accordingly, the document will be dispatched by speed post. HPCL
SHALL NOT BE RESPONSIBLE FOR ANY POSTAL DELAYS AND NO
EXTENSION OF DUS DATE SHALL BE GRANTED ON THE EXCUSE OF
POSTAL DELAY.

Bidder can also download the Bid Document from HPCLs website
http://www.hindustanpetroleum.com. In case bidder opts to quote on the
basis of such downloaded document from website, the bidder shall enclose
the requisite bid document fee by crossed bank draft as explained above,
along with the bid. Bidder shall intimate in writing his intent to participate
after downloading the document.

Corrigendum(s) and Record Notes of pre-bid discussions, if any, shall also
be available on the referred web sites.

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

1.2 Accredited representatives of foreign bidders in India are also permitted to
purchase the bid document on behalf of foreign bidder on payment of
requisite document fee in Indian Rupees on request from foreign bidders on
their letter head. The bid of foreign bidder shall be evaluated only if the bid
is accompanied by the prescribed bid document fee in the form of demand
draft in US Dollars and after that the fee deposited by Indian
representative shall be refunded.

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

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

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

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

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

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

Tel. +91 22 22608520. / 022 22608523
E-mail i.d.: jdchandrakumar@hpcl.co.in

Fax : 022 2264 2352 Chief Manager- Procurement P&P
Phone: 022 2264 2342 Hindustan Petroleum Corporation Ltd.

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CHAPTER II B
INSTRUCTIONS TO BIDDERS

1. COST OF BIDDING

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

2 BID DOCUMENT

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

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

2.3 BID SECURITY (EMD) :
Bid Security shall be as below:
Indian Bidder : Rs. 3,04,000/-
Foreign Bidder : USD 6733
2.4 TENDER FEE:
Tender fee shall be as below:
Indian Bidder : Rs. 5,000/-
Foreign Bidder : USD 111.00

3 SEALING & MARKING OF BIDS

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

3.1.1 PART-I (Envelope No. 1): Bid Security and Bid Document Fee:
(a) Bid Security / EMD in accordance with Tender terms.
(b) Bid Document Fee: In case bidder opts to quote on the basis of downloaded bid
document from the web site, the bid Document fee must be enclosed in this
envelope.

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

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

UNPRICED BID complete with all technical and commercial details, covering letter and
unpriced copy of price Schedule with prices substituted with 'quoted' or 'not
quoted' or 'not applicable. Deviation sheet duly filled with deviations, if any, shall
form part of Unpriced Bid. The following documents shall be submitted with
Unpriced bid alongwith the documents as mentioned above:
(a) Past Experience showing similar supplies.
(b) Signed Tender document duly signed on all the pages, as a token of
acceptance of tender terms and conditions.
(c) Duly filled in Formats towards Declaration, Deviation Sheet & Information
to be furnished by foreign bidders.
(d) Unpriced Schedule (with Price figures blanked) completed in accordance
with the requirements specified in the bid document.
(e) Agreed Terms & Conditions duly filled-in.
(f) Any other information/details/documents/data required as per Bid
Document.

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

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

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

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

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

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

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

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

3.1.3.6 In case of Indian Bidders, Central Public Sector Enterprises and Firms registered
with NSIC are exempted from submission of Bid Security as well as bid document
fees. Central Public Sector Enterprises are requested to give a self declaration on
their letter head to this effect, which should be submitted in a sealed envelope
marked as Bid Security as mentioned in clause no. 3.1.1 above.

3.1.3.7 In case of Indian Bidders, Bidders registered with NSIC are also requested to
submit self declaration on their letter head to this effect along with a copy of their
Valid Registration certificate, specifying limit of volume and other details which
should be submitted in a separate sealed envelope no. 1 marked as Bid security
as mentioned in clause no. 3.1.1 above.

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

Chief Manager- Procurement P&P
Hindustan Petroleum Corporation Limited,
2nd floor, Gresham Assurance Building,
Sir P. M. Road, Fort, Mumbai -400 001.
INDIA
4 AMENDMENT OF BID DOCUMENT

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

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

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

5 LANGUAGE OF BID

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

6 and 7 : DELETED

8 FORMAT AND SIGNING OF BID

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

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

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

9 PREPARATION & SUBMISSION OF BIDS

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

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 &
submitted along with 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.

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

10 BID DUE DATE AND TIME

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

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

11 PERIOD OF VALIDITY OF BIDS

11.1 Bids shall be kept valid for 4 months from the final bid due date / extended due
date. A bid valid for a shorter period shall be considered as non-responsive and
shall be liable for rejection at the sole discretion of the Owner.

The Bidder shall not be entitled during the said period of 4 months, without the
consent in writing of the Owner revoke or cancel its bid or to vary the bid given or
any term thereof. In case of Bidder revoking or cancelling its bid without the

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consent of the Owner in writing, the Owner shall forfeit the Bid Security furnished
by Bidder.

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

12.0 LATE BIDS

12.1 Any bid received by the Consultant after the bid due date and time prescribed in
IFB will not be opened and shall be rejected.
12.2 Telefax/ E-mail offers will not be considered and shall be rejected.

13 MODIFICATION OR WITHDRAWAL OF BIDS

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

The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and
despatched in accordance with the provisions of bid document. A withdrawal
notice may also be sent by Telefax but must be followed by a signed confirmation
copy dated not later than the deadline for submission of bids.

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

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

14 OPENING OF BIDS

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

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

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

14.4 PRICED BID OPENING (PART-III):

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

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

c. Bidder(s), whose bids are not opened for any reason, will not be allowed to be
present during bid opening.
15. EVALUATION OF BIDS

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

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

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

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

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

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

16.0 REJECTION CRITERIA

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

S.NO. CLAUSE
i) Bid Security, if applicable
ii) Performance Security (Contract Performance Bank Guarantee)
iii) Force Majeure
iv) Guarantee/Warranty clause

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

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

17 COMPARISON OF BIDS

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

17.2 Arithmetical errors will be rectified on the following basis :-
A. When there is a difference between the rates in figures and words, the rate
which corresponds to the amount worked out by the tenderer shall be taken as
correct.
B. When the rate quoted by the tenderer in figures and words tallies but the
amount is incorrect, the rate quoted by the tenderer shall be taken as
correct.
C. When it is not possible to ascertain the correct rate in the manner
prescribed above the rate as quoted in words shall be adopted.

17.3 Conversion to Single Currency :

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

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

17.4.1A) In case of Domestic Bidders, the evaluated price shall include the
following :-
i) FOT Despatch point price (inclusive of Start up / commissioning
spares but excluding Operational spares).
ii) All taxes / duties / education Cess as applicable on finished goods
iii) The firm freight charges as quoted by vendor.
iv) The Transit insurance as quoted by the bidder

B) In case of Foreign Bidders, the evaluated price shall include the
following : -
i) FOB Port of shipment prices (inclusive of Start up / commissioning spares
but excluding Operational spares).
ii) Ocean freight charges shall be considered as quoted by the bidders.
iii) Marine insurance charges shall be considered as quoted by the
bidders.
iv) Port levies / port handling charges @ 2 % of CIF Value.

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v) Import duty at prevailing rates (Merit rate of customs duty) as
applicable, on CIF Value.
vi) Inland freight towards transportation from Port of Entry to respective
locations (Ajmer,Jaipur, Rewari Irumpanam) @ Rs 40000/-
lumpsum per location would be applied. However, inland freight
shall be the responsibility of the Purchaser.
vii) Letter of Credit (L/C) charges : 0.3% OF FOB Value
viii) Inland transit insurance : 0.5% of CIF Value.

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

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

Note: Offers of Bidders not accepting Tender Delivery Period shall be loaded for
evaluation purpose as per Delay Delivery Clause of tender.
18 CONTACTING THE OWNER

18.1 Subject to Article 15.4, above no Bidder shall contact the Owner on any matter
relating to its bid, from the time of bid opening to the time the Contract is
awarded.

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

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

20 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
20.1 Owner reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids, at any time prior to award of contract, without thereby
incurring any liability to the affected Bidder or Bidders or; any obligations to
inform the affected Bidder or Bidders of the ground for the Owner's/Consultant's
action.
20.2 The submission of any bid connected with these documents and specifications
shall constitute an agreement that the Bidder shall have no cause for action or
claim, against the Owner for rejection of his bid. The Owner shall always be at
liberty to reject or accept any bid or bids at his sole discretion and any such
action will not be called into question and the Bidder shall have no claim in that
regard against the Owner.

21.0 NOTIFICATION OF AWARD

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21.1 Prior to the expiration of period of bid validity, the Owner will notify the successful
Bidder in writing or by fax to be confirmed in writing, that his bid has been
accepted. The Notification of Award will constitute the formation of the Contract.
21.2 Delivery Period shall be counted from the date of notification of award (Letter/Fax
of Intent).

22.0 ISSUE OF PURCHASE ORDER
22.1 After the successful Bidder has been notified that his bid has been accepted, the
Owner will send to such Bidder a detailed Purchase Order incorporating all the
terms and conditions agreed between the parties.
22.2 Within 15 days of receipt of the detailed Purchase Order, the Bidder shall sign
and return it to the Owner, in token of acceptance of the Order.

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

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

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

26.0 ADDRESS FOR SUBMISSION OF BIDS :

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

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CHAPTER III

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SPECIFICATION FOR

STAINLESS STEEL ARMORED HOSE AS PER
API 650/ UN BONDED FLEXIBLE PIPE AS PER
API 17J

FOR

FLOATING ROOF TANK

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TECHNICAL SPECIFICATION

1. The vendors scope covers design, manufacture, supply, testing,
installation, hydro test, supervision of commissioning & guarantee of
stainless steel armored hose as per API-650 (latest edition)/Un bonded
flexible pipe as per API 17J including connecting flange for floating roof
tank.

2. Stainless steel armored hose as per API 650/API 17J in contact with liquid
stored in the tank must be 100 % resistant to aromatics.

3. Stainless steel armored hose as per API 650/API 17J must provide
REPETITIVE LAY PATTERN (RLP) without any external support or
accessories like tethered assemblies, ballasting, chain etc, during its full
operational life.

4. Assembled hose shall not be acceptable.

5. Flexible tube shall have built in end-fittings with ASME B 16.5 #150,
A105 Flange.

6. The designed working pressure rating for the flexible drain tube should be
30 PSI and the test pressure should be 60 PSI.

7. Full length of tube shall be in single continuous length without any
intermediate joints in between the two end flanges

8. The stainless steel armored hose should be designed in a way that the hose
shall be kept in the same position as it was when installed. No kinking of
stainless steel armored hose shall take place during movement
(upward/downward) of the roof.

9. No chemical attack, gas penetration or ballasting and mechanical wear
shall take place with flexible tube

10. Stainless steel armored hose shall not induce lateral force on the
floating roof.

11. Stainless steel armored hose shall be inspected by third party
inspection agency LLOYDS/DNV/CEIL/BV or any other third party
inspection agency approved by HPCL.

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12. Relevant certificate / documents (along with each flexible line) shall
be furnished along with supply

13. Third party inspection includes pressurizing the flexible hose to the
test pressure (60 psi), allow it to stabilize and maintain pressure for 4
hours & carry out a visual inspection for leaks

14. The manufacturer shall provide hydro test certificate for the flexible
hose duly certified by third party inspection agency.

15. Vendor shall confirm the adequacy of the design of stainless steel
armored hose as per API 650/API 17J(its size & length) for 100%
evacuation when the roof is in its lowest position during maximum rainfall
intensity period

16. Vendor/ Manufacturer of the flexible tube must have minimum of 03
years of proven track record in India of satisfactory operation for similar
application in floating roof tanks. Relevant documents from the end user
shall be furnished along with the bid.

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CHAPTER IV

Special Conditions of Purchase

INDEX

ARTICLE SR. NO. DESCRIPTION

1.0 MODALITIES OF CONTRACTING

2.0 SCOPE OF WORK

3.0 GENERAL

4.0 BID PRICES

5.0 POST WARRANTY MAINTENANCE CONTRACT

6.0 DELIVERY/COMPLETION PERIOD

7.0 BID SECURITY

8.0 CONTRACT PERFORMANCE BANK GUARANTEE (CPBG)

9.0 PRICE REDUCTION FOR DELAY IN COMPLETION

10.0 INSURANCE

11.0 PAYMENT TERMS

12.0 GUARANTEE/WARRANTY

13.0 TERMS & CONDITIONS FOR SITE SUPERVISION WORK,
TESTING & COMMISSIONING

14.0 OVERALL LIABILITY

15.0 LIABILITY CLAUSE

16.0 REPEAT ORDER

18.0 DEFINITIONS / NOTES

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SPECIAL CONDITIONS OF PURCHASE

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

1.0 MODALITIES OF CONTRACTING

1.1 The Order shall be awarded on Unit single point total responsibility for all
supplies and services, i.e., for complete scope of work specified in the Bid
Document covering design, manufacture, supply, testing, installation, hydro test,
commissioning & guarantee of stainless steel armored hose as per API-650 (latest
edition) including connecting flange for floating roof tank.
1.2 The resulting contract shall be on single point Sole/Prime Vendor responsibility
basis and single Order will be placed on the Vendor in whose name the Bid
Document has been purchased, who will have single point responsibility for all
contractual purposes. The status of all other vendor(s) referred / identified by the
Vendor in the offer, shall be that of Vendors sub-vendor / sub-supplier only.

1.3 It is further clearly understood by the Vendor that it is for the Vendor to
ascertain and assess the applicable Acts/ Regulations/ Laws etc. under the
above modalities of contracting entirely of their own. It is also for the Vendor to
ascertain and assess the applicability of taxes, duties, levies etc. In case of any
difference of opinion between Vendors proposal and interpretation by any tax/
assessing (or similar) authorities, on the rate or terms and conditions related to
taxes and duties etc., Owners liability , shall be strictly as per terms/provisions of
the contract based on bid document and Vendors offer.

2.0 SCOPE OF WORK

2.1 Vendors scope of Work shall be in strict compliance with Specification of
stainless steel armored hose as per API 650/API 17J for floating roof tank.

2.1.1 Foreign Bidders:

2.1.1.1 Supplies:

System design, engineering, manufacture, supply, testing, supervision during
installation prior to Hydrotest and guarantee of Stainless steel armored hose
including connecting flanges for floating roof tank as per API 650/API 17J latest
edition and supply price of all goods on FOB (international port of exit) and on
CFR Indian Port of entry (Navashava; Jawahar Lal Nehru Port Trust) basis. In
case a foreign Vendor proposes to supply certain goods from India, the prices for
such goods shall be quoted on FOT destination basis including packing,
forwarding & freight charges and all Indian duties, taxes, levies etc.

2.2 Indian Vendors :

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2.2.1 Supplies:

System design, engineering, manufacture, supply, testing, supervision during
installation prior to Hydrotest and guarantee of Stainless steel armored hose
including connecting flanges for floating roof tank as per API 650/API 17J latest
edition and supply price of all goods on FOT dispatch point (including packing &
forwarding) basis.

The supply prices shall include the cost of imported raw materials components, if
any, and customs & port clearance, customs duty, forwarding, handling and
further transportation of their built-in imported materials & components etc.
complete in all respects.

2.2.2 Inland Transportation:

Transportation from Vendors works/ dispatch point up to Project Site(s).

3.0 General

Vendors price break-up in accordance with Article 2 above and as per price
schedule format (Section 6 of Bid Document) shall be solely for the purpose of
facilitating evaluation of bids and for payments to be released by Owner, and will
not in any way limit the Vendors single point total responsibility for the complete
Specification of stainless steel armored hose as per API 650/API 17J for floating
roof tank and for all contractual responsibilities / obligations as stated in the Bid
Document of the vendor.

3.0 BID PRICES

4.1 Prices shall be furnished strictly in the appropriate price Schedule format
enclosed with the bid document.

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

4.3 Quoted prices shall be inclusive of testing and inspection requirement and
charges towards Third party inspection as per the HPCLs specification.

4.4 Bidders quoted prices shall be deemed to include entire Specification of flexible
tube for floating roof tank drain system and all obligations and responsibilities to
be carried out / executed by the Bidder as per terms of bid document. It is clearly
understood by the Vendor that it is for the Vendor to ascertain and assess the
applicable Acts/ Regulations/ Laws etc entirely of their own. It is also for the
Vendor to ascertain and assess the applicability of taxes, duties, levies etc. In case
of any difference of opinion between Vendors proposal and interpretation by any
tax/ assessing (or similar) authorities, on the rate or terms and conditions related
to taxes and duties etc. , Owners liability , shall be strictly as per
terms/provisions of the contract based on bid document and Vendors offer.

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

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4.6 DOMESTIC (INDIAN) BIDDERS:

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

4.6.2 Domestic Bidders shall quote prices on FOT dispatch point basis.Taxes & Duties
to be quoted Extra. Firm freight charges shall be quoted from bidders dispatch
point upto the destination(s). Prices quoted should be based on merit rate of
custom duty only.

4.7. FOREIGN BIDDERS

4.7.1 Foreign bidders shall quote their prices in US Dollars OR in the currency of
country of origin and in Indian rupees only for that component of his prices which
the bidder expects to spend in India

4.7.2 It must be clearly understood by foreign vendor that prices of such component of
vendors price for supplies being sourced form India and services such as site
supervision during installation, training at site to be performed in India by
vendors Indian representative, which the vendor expects to be spend in India,
shall also be quoted in Indian rupees only. The Indian component of prices shall
be inclusive of all Indian Taxes, duties, levies, freight charges upto site ( for
supplies items) etc and also no taxes, duties, levies and /or any variation thereof
shall be payable by the owner. However, such part of services in India shall be
rendered by vendors foreign personnel only may be quoted in foreign currency.

4.7.3 Foreign bidders quoted prices shall be inclusive of export licensing charges / fee if
any applicable for export goods/ services to India.

4.7.4 Ocean Transportation & Transit insurance:

4.7.4.1.1 In case of FOB contracts, the shipping arrangements shall be made through
the nominated agents of ministry of surface transport (Govt. of India) in
accordance with clause 18.0 of enclosed General Purchase Conditions for
Imports.

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

4.7.4.1.3 Foreign bidders shall quote their CIF prices for ocean transportation to India
ports of Entry-Navashava - JLNPT Port, Mumbai.

4.7.4.1.4 Owner reserves the right to place the order on FOB or on CIF basis. Owner
may initially place order on FOB basis and the order may be converted to CIF
basis with in three months from the date of Fax acceptance. Accordingly,
bidders quoted CIF prices shall remain valid up to 3 months from the date of
Fax acceptance.

4.7.4.1.5 All the shipments shall be under deck only

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4.7.4.1.6 Special packaging requirements enclosed under section 4 to be complied
with.

4.8 TAXES & DUTIES

4.8.1 Indian Bidders:

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

4.8.1.2 Bidders shall furnish the present rates of excise duty, education cess and
sales tax / VAT payable on quoted finished goods.

4.8.1.3 The statutory variation in excise duty, education cess and sales tax / VAT
on finished goods, within the contractual delivery period shall be to purchasers
account against submission of the documentary evidence. However, any increase
in the rate of these taxes and duties beyond the contractual delivery period shall
be to sellers account. Any decrease in these taxes and duties shall be passed on
to the purchaser.

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

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

4.8.1.6 Octroi/Entry tax, if any, in the state of Maharashtra in India shall be
directly paid by the vendor, which shall be reimbursed by Owner at actual on
submission of documentary proof.

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

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

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4.8.1.9 Owners liability with respect to taxes and duties will be restricted to the
following only:

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

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


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

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

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

4.8.3 For Indian as well as Foreign Bidders:
Income Tax / Corporate Tax:

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

4.8.3.2 Bidder may note that if any tax is deductible at source as per Indian
Income Tax Law, the same will be 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.

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5.0 DELETED
6.0 DELIVERY PERIOD FOR SUPPLIY :

6.1 Bidders are requested to quote best possible delivery period for
supply as specified in the Chapter XV.

6.2 The delivery period shall be reckoned from the date of Fax of Intent.
The delivery Date shall be reckoned as under:

Order Basis Delivery Date
FOB / CIF for foreign bidder Date of Bill of Lading
FOT SITE for Indian bidder Date of receipt of good at
site

7.0 BID SECURITY

7.1 The Bidder shall furnish, as part of his bid, a bid security in original
for the amount specified in the Invitation For Bid (IFB)
7.2 The bid security is required to protect the Owner against the risk of
Bidder's conduct, which would warrant the security's forfeiture.
7.3 In case of Domestic Bidders, the Bid Security shall be in the form of
an irrevocable Bank Guarantee ( in the format at Annexure- A of
Section-9 ) or demand draft issued by any Indian Nationalized /
Scheduled Bank ( other than Co-operative Bank). In case of Foreign
Bidders, the Bid Security shall be in the form of an irrevocable Bank
Guarantee (in the format at Annexure-A of Section-9) issued by any
Indian Nationalised / Scheduled Bank (other than Co-operative
Bank) or by a reputed International Bank duly Confirmed by an
Indian nationalized / scheduled bank located in India acceptable to
HPCL. Bid security shall be issued in favour of M/s Hindustan
Petroleum Corporation Limited, payable at Mumbai

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

7.5 The successful Bidders bid security will be discharged upon the Bidders
accepting the Contract/ Purchase Order, and furnishing the Contract
Performance Bank Guarantee.

7.6 The bid security may be forfeited:

a) If a Bidder withdraws his bid during the period of bid validity
or
b) In the case of a successful Bidder, if the Bidder fails or refuses to:
i) Accept the Purchase Order in accordance with agreed terms and conditions.
ii) Furnish Contract performance bank guarantee as per bid document/ Purchase
Order.
iii) Accept arithmetical corrections to his bid as specified in clause no 17.2 of ITB.

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7.7 Bid Security should be in favour of Hindustan Petroleum Corporation Limited
(HPCL) and addressed to HPCL, Gresham Assurance House, 2
nd
floor, Sir
P.M.Road, Fort, Mumbai-400001. However, original Bid Security should be
enclosed separately in a sealed cover and submitted along with the bid. Bid
Security must indicate the Bid Document number and the item for which the
Bidder is quoting. This is essential to have proper co-relation at a later date. The
Bid Security shall be strictly in the form provided in the bid document

7.8 Bidders are advised to instruct their banks not to post Bid Security directly to
Owner as the same has to be submitted along with the bid.

7.9 Central Public Sector Undertaking of Govt. Of India are exempted from furnishing
the bid security. Firms registered with NSIC are also exempted from furnishing
bid security, provided they are registered for the tendered items. Provided further
that they submit a copy of the current and valid registration certificate for the
quoted item. Owner reserves right to verify the registration certificate provided,
with relevant authorities.

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

8.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG]

8.1 The following shall be read in conjunction with General Purchase Conditions
(Indigenous) and General Purchase Conditions the General Purchase
Conditions(Imports).

8.1.1 The successful Bidder, to whom the work is awarded, shall be required to
furnish within 30 days of notification of award of contract (Letter/ Fax of
Intent) a Performance Bank Guarantee as per proforma attached herewith
in favour of the Owner.

8.2.2 For foreign bidder(s), the CPBG amount shall be equal to FIFTEEN
PERCENT (15%) of the Total Order Value and for Indian bidder(s), the
CPBG amount shall be equal to TEN PERCENT(10%) of the Total Order
Value. This CPBG is required to be furnished towards the faithful
performance of the Order in accordance with the Terms and conditions
specified in the documents and specifications.

8.2 In case of Domestic Bidders, the CPBG shall be in the form of an irrevocable
Bank Guarantee (in the format at Annexure-B of Section-9) issued by any Indian
Nationalised / Scheduled Bank (other than Co operative Bank). In case of Foreign
Bidders, the CPBG shall be in the form of an irrevocable Bank Guarantee (in the
format at Annexure-B of Section-9) issued by any Indian nationalized / scheduled
bank located in India acceptable to HPCL. Bid guarantee shall be issued in favor
of M/s Hindustan Petroleum Corporation Limited Mumbai

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8.3 The bank guarantee shall valid for the entire period of the contract, namely, till
the end of the guarantee / warranty period. The guarantee amount shall be
payable with out demur and demand to the owner in the currency of contract.
The bank guarantee shall have a claim period of 3 months beyond the
contractual guarantee period.

8.4 The total order value for this purpose shall be as under:-

8.4.1 Indian bidders:
Total lumpsum price including supply, freight charges and
assistance to commissioning as specified in this bid document, but
excluding Excise duty+Education cess, Sales Tax/VAT, Octroi/Entry
tax etc.

8.4.2. Foreign bidder

a) In case order is placed on FOB basis, the lump sum price including the FOB and
site supervision, assistance to commissioning & training charges as specified in
the bid document +total lump sum FOT destination price of all items sourced and
sourced from India.
b) In case order is placed on CIF basis, the total lump sum price including CIF value
up to India port of entry Navashava-JNPT( Jawar Lal Nehru Port Trust) and site
supervision charges as specified in the bid document + total lump sum FOT
destination price of all items sourced and sourced from India.

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

8.6. In case, the performance bank guarantee stated above gets reduced / deducted
for reasons of non fulfillment of any contractual obligations up to the completion
of the guarantee period, the vendor shall immediately take action to increase the
value of bank guarantee to TEN PERCENT (10%) for Indian vendor(s)/ FIFTEEN
PERCENT (15%) for foreign vendor(s) of the contract price, to cover this guarantee
/ warranty obligations.

8.7. The performance guarantee will be returned to the vendor without any interest at
the end of the warranty / guarantee period subjected to fulfillment of all
contractual obligations by the vendor.
8.8. Vendor shall guarantee that the performance of the EQUIPMENT supplied under
the CONTRACT shall be strictly in conformity with the specifications and shall
perform the duties specified under the CONTRACT.

9.0 PRICE REDUCTION FOR DELAY IN COMPLETION

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9.1 In partial modification of the terms specified in the general purchase
conditions of Indigenous GPC & Import GPC, in the event of delay beyond the
date of delivery of supply items and/or delay beyond completion date of site
work for reasons not attributable to owner and not constituting conditions of
force majeure, it will be at owners discretion, without prejudice to his other
rights under the contract, to accept delayed supplies/completion but the
prices reduced at the rate of %(half percent) of the total value per week of
delay or part thereof, subjected to a maximum of 5%(five percent) of the total
order value.

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

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

9.3.1 Indian Bidders:
Total Lump sum price including supply, transportation charges, site supervision,
commissioning assistance & training charges but excluding Excise Duty, Sales
Tax/VAT etc.
Total Lump sum price for supply ( FOB value for direct supplies + FOT destination
price for goods sourced and supplied form India) and site supervision,
commissioning assistance & training. It may be note that CIF prices in place of
FOB prices shall considered in case order is placed on CIF basis.

10.0 INSURANCE:

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

11.0 PAYMENT TERMS

11.1 Supply:

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

i) 75% on receipt of material on HPCLs site.
ii) 25% after Hydrotest & commissioning of Tanks.

11.1.1 Indian Bidder:

(a) 75% prorata payment within 15 days ( in Indian Rupees only)
on receipt of goods at site(s) with full taxes, duties and
transportation charges against receipt of dispatch documents
(consisting Purchaser / third party inspection release note,
invoice, packing list, LR/GR) at HPCL, Mumbai office.

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(b) 25% after Hydrotest & commissioning of Tanks and receipt of
final drawings/ documents etc.

11.1.2 Foreign Bidder:

(a) 75% prorata payment against shipping documents through
L/C. The shipping documents shall include Bill of Loading,
packing list , freight memo, country of origin certificate, test
certificate, Inspection release note, drawings, catalogue etc.

(c) 25% after Hydrotest & commissioning of Tanks and receipt of
final drawings/ documents etc.
Notes:

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

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

(iii) In case of foreign Vendor, all remittance of Rupee component shall be made
directly to the Vendor payable within India against Bills duly certified by
the Bidder. For this purpose, Vendor shall undertake necessary formalities
including opening of bank account in India. All connected liabilities on
account of this shall be to Vendors account.

(iv) Only the charges of Owners Bank in India shall be to Owners account. All
other Bank charges including those in Bidders country shall be to Bidders
account.

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

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

12.0 GUARANTEE / WARRANTY

12.1 In partial modification of the terms specified in the General Purchase Conditions,
the guarantee / warranty period shall be 36(thirty six) months from the date of
handing over of the system after successful commissioning & site acceptance test
as specified in Material Requisition.

13.0 DELETED

14.0 OVERALL LIABILITY:

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

15.0 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

16.0 REPEAT ORDER:

Repeat order shall be applicable on mutual consent within 12 months from the date
of release of original PO.

17.0 Deleted

18.0 DEFINITIONS / NOTES

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

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

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

18.4 The term Work/ Works, unless contrary to the content, shall mean the provision
of entire supplies & services on turnkey basis by Vendor as per scope defined in
the Bid Document.

18.5 The term MR means Material Requisition containing technical requirements
and scope of work (technical), GPC means General Purchase Conditions
containing commercial terms & conditions, PR means Purchase Requisition

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issued after award of contract incorporating agreed deviations in MR, ATC means
Agreed Terms & Conditions , RFQ means Request For Quotation.

18.6 Section-4: General Purchase Conditions for Indigenous Equipment & Materials,
is applicable for the domestic Vendors and General Purchase Conditions for
Imports, is applicable for the foreign Vendors.

18.7 The enclosed Agreed Terms and Conditions under Section-8 shall be duly filled
in and enclosed with the bids.

18.8 In the event of any contradictions between these Instructions to Vendors/Special
Conditions of Purchase and other Sections of Bid Document, the terms specified
under this Section shall prevail.

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

18.10 Site/Site(s)/stations wherever specified in the bid document shall mean the
designated Project terminals/stations/site(s) as specified in the enclosed Material
Requisition.

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

18.12 Port of entry will be NAVASHAVA-JLNPT (JAWAHAR LAL NEHRU PORT TRUST),
Mumbai for supplies by foreign vendors.

19. Addresses of locations where product is to be delivered

AJMER TERMINAL APT PROJECT :

AJMER TERMINAL
HINDUSTAN PETROLEUM CORPORATION LIMIT
MUNDRA DELHI TUBELINE
C/O GANGWAL SERVICE STATION (PETROL PUMP)
NEAR RAILWAY HOSPITAL
AJMER-BEAWAR ROAD
AJMER-305001, RAJASTHAN
Contact Person Mr.AVINASH KANSAL Tel: +91-9414004107

JAIPUR TERMINAL APT PROJECT

HINDUSTAN PETROLEUM CORPORATION LIMITED
KH No.2904, BEHIND RIICO
CHITROLI INDUSTRIAL AREA
BAGRU KALAN
AJMER ROAD
JAIPUR-RAJASTHAN-302007

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Contact Person: Mr.RAVI KUMAR : Tel: +91-9413301031

REWARI TERMINAL APT PROJECT

BAWAL ROAD
VILLAGE P.O KARNAWAS
REWARI DIST.
HARYANA-123 401

Contact Person: Mr.D.S.RAO : Tel: +91-9996130765

IRUMPANAM TERMINAL APT PROJECT

IRUMPANAM TERMINAL
SEAPORT- AIRPORT ROAD
IRUMPANAM
KOCHI-682309
KERALA

Contact Person: Shri. GEETHAKRISHNAN R : Tel: +91-9446396636

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CHAPTER -V
GENERAL PURCHASE CONDITIONS FOR INDIGENOUS
MATERIALS AND EQUIPMENTS

INDEX

1. DEFINITION
2. REFERENCE FOR DOCUMENTATION
3. CONFIRMATION OF ORDER
4. SALES CONDITIONS
5. COMPLETE AGREEMENT
6. INSPECTION-CHECKING-TESTING
7. OFFICIAL INSTITUTIONAL TESTING
8. EXPEDITING
9. WEIGHTS AND MEASUREMENTS
10. DESPATCH INSTRUCTIONS
11. OILS & LUBRICANTS
12. SPARE PARTS
13. PACKING AND MARKING
14. SHIPMENT AND SHIPMENT NOTICES
15. CONTROL REGULATIONS
16. TRANSIT RISK
17. RESPECT FOR DELIVERY DATES
18. DELAYED DELIVERY
19. DELAYS DUE TO FORCE MAJEURE
20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT
21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER
22. PRICE
23. TERMS OF PAYMENT
24. INVOICING
25. RECOVERY OF SUMS DUE
26. CHANGES
27. CANCELLATION
28. PATENTS AND ROYALTIES
29. PERFORMANCE GUARANTEE
30. NONWAIVER
31. NON ASSIGNMENT
32. PART ORDER / REPEAT ORDER
33. VENDORS DRAWINGS AND DATA REQUIREMENT
34. TECHNICAL INFORMATION
35. SERVICES OF VENDORS PERSONNEL
36. VENDORS LIABILITY
37. OWNERS MATERIAL
38. HEADINGS
39. ARBITRATION
40. JURISDICTION
41. VAT Set-off

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1. DEFINITIONS

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

The OWNER means Hindustan Petroleum Corporation Limited, a company incorporated in
India having its registered office at 17, Jamshedji Tata Road, Mumbai - 400 020, and shall
include its successors and assignees. "Goods / Materials": Goods and / or Materials shall
mean any of the articles, materials, machinery, equipments, supplies, drawings, data and
other property and all services including but not limited to design, delivery, installation,
inspection, testing and commissioning specified to complete the order.

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

"Contractual Delivery Date": Contractual Delivery date is the date on which goods shall be
delivered F.O.R / F.O.T. Dispatching Point / destination in accordance with the terms of
the Purchase Order. This contractual delivery date / period is inclusive of all the lead time
for engineering, procurement of raw materials, manufacturing, inspection, testing packing
and any other activity whatsoever required to be accomplished for effecting the delivery at
the agreed delivery point.

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

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

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

a) Price reduction on account of delayed deliveries
b) Performance Bank Guarantee Amount

2. REFERENCE FOR DOCUMENTATION

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

3. CONFIRMATION OF ORDER

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

4. SALES CONDITIONS

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

5. COMPLETE AGREEMENT

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

6. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order shall be subject
to inspection and testing at any time prior to shipment and or 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
manufacturers shop, at fabricator's shop and at the time of actual dispatch before and after
completion of packing.

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

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

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

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

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

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

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

7. OFFICIAL INSTITUTIONAL TESTING

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

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The Vendor is required to send to such institutions as may be designed by the Owner at
least three sets of construction drawings for each equipment and calculations. All
manufacturer's mill's tests certificates and analytical reports from material laboratories in
respect of all raw materials and components employed shall have to be presented to such
institution's Inspectors in the number of copies required. Vendor shall be responsible for
any delay in submission of necessary certificates.

The Vendor shall maintain close liaison with Procurement Coordinators and Institution's
Inspectors to maintain schedule and delay, if any in this process will not be taken into
consideration as a cause of Force Majeure.

8. EXPEDITING

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

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

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

Vendor's shipping documents and invoices must contain the following data:
I) Unit net weight
II) Unit gross weight (packing included)
III) Dimensions of packing.

10. DESPATCH INSTRUCTIONS

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

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

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

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

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

11. OILS & LUBRICANTS

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

12. SPARE PARTS

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

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

13. PACKING AND MARKING

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

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

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

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

All manufactured surface shall be painted with rust proof paint.

All small pieces shall be packed in cases.

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

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

From :
For : Hindustan Petroleum Corporation Limited

Destination :

Order No. :

Rev. No. :

Item :

Net weight :

Case No. :

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Of total cases :

Dimensions :

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

14. SHIPMENT AND SHIPMENT NOTICES

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

The Vendor shall carefully note the destination of materials.

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

15. CONTROL REGULATIONS

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

16. TRANSIT RISK

In case of Indian Bidders Transit Insurance shall be arranged by Bidder & Charges are to
be mentioned in price bid.

17. RESPECT FOR DELIVERY DATES.

Time of delivery as mentioned in the Purchase Order shall be the essence of the contract
and no variation shall be permitted except with prior authorization in writing from the
Owner. Goods should be delivered securely packed and in good order and condition at the
place and within the time specified in the Purchase Order for their delivery. Where no
delivery period is expressly stated, it shall be construed as seven days from the date of
placing the order. The Owner reserves the right to defer the period of delivery in writing.
Where no delivery is expressly stated, it shall be construed as seven days (from the date of
LOI).

18. DELAYED DELIVERY

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

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i) Accept delayed delivery at prices reduced by a sum equivalent to ONE HALF OF ONE
percent (1/2 %) of the basic value of goods not delivered for every week of delay (for
fractional days, LD shall be applicable on pro-rata basis), limited to a maximum of 5
% OF TOTAL BASIC ORDER VALUE,

or

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

For supplies effected beyond the scheduled delivery period, no increase in duties / taxes
due to reasons not attributable to Owner, shall be paid. In case of any decrease in the
duties / taxes, the same shall be passed on to the owner.

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

19. DELAYS DUE TO FORCE MAJEURE

Any delay in or failure of the performance of either part hereto shall not constitute
default hereunder or give rise to any claims for damage, if any, to the extent such
delays or failure of performance is caused by occurrences such as Acts of God or
an enemy, expropriation or confiscation of facilities by Government authorities,
acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The
Contractor shall keep records of the circumstances referred to above and bring
these to the notice of the Engineer-in-Charge/Site-in-Charge in writing
immediately on such occurrences. The amount of time, if any, lost on any of these
counts shall not be counted for the Contract period. Decision of the Owner arrived
at after consultation with the Contractor, shall be final and binding. Such a
determined period of time be extended by the Owner to enable the Contractor to
complete the job within such extended period of time.

If Contractor is prevented or delayed from the performing any of its obligations
under this Agreement by Force Majeure, then Contractor shall notify Owner he
circumstances constituting the Force Majeure and the obligations performance of
which is thereby delayed or prevented, within seven days of the occurrence of the
events

20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

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

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

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER

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

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

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

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

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

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

22. PRICE

Unless otherwise agreed to in the terms of the Purchase Order the price shall be :
(a) Firm and not subject to escalation for any reason whatsoever till the execution of entire
order, even though it might be necessary for the order execution to take longer than the
delivery period specified in the order.

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

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

23. TERMS OF PAYMENT

23.1 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) Third Party 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.

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Please note that HPCL cannot make any advance payment with order OR
against dispatch documents through Bank.
Please refer clause 11 of Special conditions of Purchase.

The financial settlement of Vendor's invoice is liable to be withheld in the event
the Vendor has not complied with submission of drawing data and such
documentation as called for in Purchase Order and / or as required otherwise.

Payments against the PO finalized through this tender will be effected
through e -payment mode only. In case the order is finalized on you and
the mandate for processing e-payment has not been submitted by you,
then the payment will not be effected till the submission of e - mandate by
you and updation of necessary records at our end. Any consequent delays
in payments will be to your account and HPCL shall not be responsible for
the same.

24. INVOICING

Invoices and other documents such as TR/RR/GC note, delivery challan etc. shall
be sent to the addresses as informed in due course.

25. RECOVERY OF SUMS DUE

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

26. CHANGES

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

27. CANCELLATION :

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

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

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

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

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

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

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

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

The Vendor is aware that the said goods are required by the Owner for the ultimate
purpose of materials production and that non delivery may cause loss of production and
consequently loss of profit to the Owner, In the event of the Owner exercising the option to
claim damages for non-delivery other than by way of difference between the market price
and the contract price, the Vendor shall pay to the Owner the fair compensation to be
agreed upon between the Owner and the Vendor.

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

28. PATENTS AND ROYALTIES

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

29. PERFORMANCE GUARANTEE

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

Checking of Vendor's drawings by Procurement Coordinators/Managers and their
approval and permission to ship or dispatch the equipment and materials, granted by
inspectors shall not relieve the Vendor of any part of his/its responsibilities of proper
fulfillment of the requirements. The Vendor will guarantee that all materials and
equipment shall be repaired or replaced as the case may be at is own expense in case tile
same have been found to be defective in respect of materials, workmanship or smooth and
rated operation within a period of 12 months after the same have been put in service or 24
months from the date of shipment whichever is earlier.

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

The Vendor shall furnish a single bank guarantee (as per proforma enclosed) to support
Vendor's performance along with documents for the first consignment. This bank
guarantee shall remain in force for the entire period covered by the performance bank
guarantee. Multiple Bank Guarantees shall not be acceptable. In case of multiple
deliveries/consignments, 15% Bank Guarantees shall have to be given along with the first
supply/invoice, failing which the amounts will be retained in cash towards the above from
running bills and will be refunded to the party upon submission of Performance Bank
Guarantee with the final payment, submission of Bank Guarantees in intervening period
will not be permitted.

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You will furnish performance Bank Guarantee in favour of HPCL issued by any
Scheduled bank (other than co-operative banks) for 15 % of total basic value of
the material supplied and valid upto a period of 3 months beyond the expiry of
defect liability period.

30. NON WAIVER

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

31. NON ASSIGNMENT

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

32. PART ORDER / REPEAT ORDER

Vendor hereby agrees to accept part orders at Owner's option without any limitation
whatsoever and also accept repeat order during a period of six months after placement of
purchase order at the same unit prices, terms and conditions,

33. VENDOR'S DRAWINGS AND DATA REQUIREMENT:

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


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

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

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

35. SERVICES OF VENDOR'S PERSONNEL

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Upon two weeks advance notice, the Vendor shall depute the necessary personnel to site
for supervision of erection and start up of the equipment and train few of the Owner's
personnel for the operation and maintenance of the equipment if required, by the Owner.
The terms and conditions for the services of the Vendor shall be mutually settled.

36. VENDOR'S LIABILITY

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

37. OWNER'S MATERIAL

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

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

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

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

38. HEADINGS

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

39. ARBITRATION :
a) All disputes and differences of whatsoever nature, whether existing or which shall at
any time arise between the parties hereto touching or concerning the agreement, meaning,
operation or effect thereof or to the rights and liabilities of the parties or arising out of or in
relation thereto whether during or after completion of the contract or whether before after
determination, foreclosure, termination or breach of the agreement (other than those in
respect of which the decision of any person is, by the contract, expressed to be final and

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binding) shall, after written notice by either party to the agreement to the other of them
and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole
Arbitrator to be appointed as hereinafter provided.
b) The appointing authority shall either himself act as the Sole Arbitrator or nominate
some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as
owner or HPCL) or a retired officer of any other Government Company in the Oil Sector of
the rank of Ch. Manager & above or any retired officer of the Central Government not
below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and
differences between the parties. The contractor/vendor shall not be entitled to raise any
objection to the appointment of such person as the Sole Arbitrator on the ground that the
said person is/was an officer and/or shareholder of the owner, another Govt. Company or
the Central Government or that he/she has to deal or had dealt with the matter to which
the contract relates or that in the course of his/her duties, he/she has/had expressed views
on all or any of the matters in dispute or difference.
c) In the event of the Arbitrator to whom the matter is referred to, does not accept the
appointment, or is unable or unwilling to act or resigns or vacates his office for any
reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as
aforesaid, to act as the Sole Arbitrator.
d) Such another person nominated as the Sole Arbitrator shall be entitled to proceed with
the arbitration from the stage at which it was left by his predecessor. It is expressly agreed
between the parties that no person other than the Appointing Authority or a person
nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure
on the part of the Appointing Authority to make an appointment on time shall only give rise
to a right to a Contractor to get such an appointment made and not to have any other person
appointed as the Sole Arbitrator.
e) The Award of the Sole Arbitrator shall be final and binding on the parties to the
Agreement.
f) The work under the Contract shall, however, continue during the Arbitration
proceedings and no payment due or payable to the concerned party shall be withheld
(except to the extent disputed) on account of initiation, commencement or pendency of
such proceedings.
g) The Arbitrator may give a composite or separate Award(s) in respect of each dispute or
difference referred to him and may also make interim award(s) if necessary.
h) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by
the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The
lumpsum fees of the Arbitrator shall be Rs. 40,000 /- per case for transportation contracts
and Rs. 60,000 /- for engineering contracts and if the sole Arbitrator completes the
arbitration including his award within 5 months of accepting his appointment, he shall be
paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc.
will be reimbursed. Fees shall be paid stagewise i.e. 25% on acceptance, 25% on completion
of pleadings/documentation, 25% on completion of arguments and balance on receipt of
award by the parties.

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i) Subject to the aforesaid, the provisions of the # Arbitration and Conciliation Act, 1996
or any statutory modification or re-enactment thereof and the rules made there under, shall
apply to the Arbitration proceedings under this Clause.
j) The Contract shall be governed by and constructed according to the laws in force in
India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at
Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in
English language.
k) The Appointing Authority will be Director - Marketing of Hindustan Petroleum
Corporation Limited.

40. JURISDICTION

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

41. Issue of C Form & VAT Set-off :
All bidders are requested to note that the evaluation will be carried out on
net of VAT basis, in the states where VAT set-off is available. Bidders
quoting VAT must be registered in the respective State of supply and must
provide VAT Invoice, in order to enable HPCL to avail the VAT set -off. The Tax
invoices must contain the following details.
a) Name, address & TIN No. of Seller.
b) Serial No. & date of Invoice.
c) Date of Delivery
d) Description of goods
e) Quantity / Volume of goods
f) Rate of tax for each category of goods
g) Total value of the goods sold, with the VAT element indicated separately.

Bidders to note that :
a. No set - off is available for supplies against CST.
b. In case bidders quote all inclusive rate, and VAT component cannot be
ascertained, then no set off will be given.
c. In the un-priced bids, bidders should indicate whether they have
quoted VAT or CST.

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CHAPTER -VI

GENERAL PURCHASE CONDITIONS FOR IMPORTS

INDEX
1. DEFINITIONS

2. PRICES

3. PAYMENT TERMS

4. REPEAT ORDER

5. VENDOR'S SALES CONDITIONS

6. IMPORT LICENCE .

7. DELIVERY & DELAYS

8. DELAYS AND NON CONFORMANCE

9. INSPECTION-GHECK- TESTING'

10. REVISIONS CHANGES AND CANCELLATION

11. WARRANTEES GUARANTEES

12. NON-ASSIGNMENT

13. PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS

14. SUBSTITUTION AND WRONG SUPPLIES

15. ARBITRATION

16. PACKING

17. MARKING

18. SHIPPING

19. DOCUMENTATION
20. SHIPPING ADVICE


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1.0 . DEFINITION :

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

1.2 Vendor : Vendor shall mean the person or persons, firm or Company to whom the purchase
order is issued and includes the Vendors legal heirs, representatives, successor(s) &
permitted assigns.

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

1.4 Contractual Delivery date : Unless otherwise specified, Contractual delivery date is the date
on which goods shall be delivered FOB Port of Shipment, in accordance with the Purchase
Order.

1.5 Contract / Agreement : The term Contract or Agreement wherever appearing in this
document shall mean and include all documents like enquiry, tender submitted by the
vendor, Letter of Intent (LOI) or Fax Of Intent(FOI) and the Purchase Order(s) issued
by the Purchaser and other documents connected with the issue of the Purchase Order(s)
and the change Purchase Order(s) issued and the Period of Contract mentioned in the
LOI/FOI or Purchase Order including such periods of extension as may be granted by the
Purchaser at the request of the Vendor and such period of time for which the supply is
continued by the Vendor for the purposes of Contractual Completion.

1.6 Unless otherwise stipulated, the FOB price of Material(s) shall be inclusive of sea worthy
water proof packing & forwarding charges and loading of material(s) below deck of vessel
and all taxes up to delivery of material(s) at stipulated FOB Port of Shipment. Except for
stipulations to the contrary in the Contract, the provisions of FOB (INCOTERMS-2000)
shall apply to ocean shipments.

1.7 Total Order Value : Total Order value shall be construed as FOB cost of all the items
included in the FOI / LOI or Purchase Order for the purpose of calculation of :

a) Price Reduction on account of delay
b) Composite Bank Guarantee Amount.

2.0 PRICES :

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

2.2 Transit Insurance : Bidders shall quote CIF prices which shall include Marine insurance
charges for Ocean Freight from F.O.B port of shipment to Port of Entry in India. The FOB
price furnished by the Bidder shall include all transit insurance charges for inland transit
up to FOB Port of Shipment.

2.3 Bank Charges / Stamp Duties / Taxes :

(i) All Bank Charges and Stamp Duties payable in suppliers country in connection with the
payments to be made under this Purchase order shall be borne by the Vendor. All Bank
charges and Stamp Duties payable in India shall be borne by the Purchaser.

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

(iii) All taxes and duties payable in India on the materials shall be payable by the Purchaser.
iv) The charges on account of amendments to Letter of Credit (LC) at the instance of the Vendor
or due to his default shall be borne by the Vendor.

3.0 PAYMENT TERMS :
3.1 Unless otherwise mentioned, the payment towards 100 % (one hundred per cent) of the
value of imported material as per Purchase Order shall be paid through an irrevocable
Letter of Credit', against submission of documents specified in LC, established by the
banker of the Purchaser (HPCL) in India, on submission of irrevocable Composite Bank
Guarantee and considering price reduction for delay, if any.
If vendor desires to have the LC to be confirmed, the charges for confirmation shall be to
Vendors account.
3.2 Shipping documents shall consist of Bill of Lading, Commercial Invoice, Packing List,
Freight Memo, Country of origin Certificate, Manufacturer Test Certificate, Third Party
Inspection Release Note (wherever specified), Drawings / Catalogue, Phyto -sanitary
certificate for the wooden packaging material used, Certificate of weight & measurement
and any other documents that are specified in the Purchase Order or Letter of credit.
3.3 Letter of Credit shall be opened after receipt of unconditional acknowledgement of the
Purchase Order. Wherever specified, the same shall be opened only after receipt of
Composite Bank Guarantee in the enclosed proforma for 15 % order value valid for up to
three months beyond the warranty period (in accordance with Note 2 given below) for
covering 10 % of the total Order value towards Performance Guarantee and 5 % price
reduction towards Delayed Deliveries.
Notes :
1. Composite Bank Guarantee shall be irrevocable without demur in the format given by the
Purchaser and encashable on demand and shall be from a scheduled bank (other than Co-
operative banks) in India. Foreign BGs shall be confirmed by a Bank located in India
acceptable to the Purchaser.
2. Composite BG shall be valid for a further period of three months after expiry of Guarantee
period mentioned in this bid document.
3. In case L C amendment is required due to reasons attributable to the vendor, then the
charges for the same shall be to Vendors account.

4.0 REPEAT ORDER :

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

5.0 VENDOR'S SALES CONDITIONS :

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

6.0 IMPORT LICENCE :

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Relevant particulars of the Import license / Import policy (If applicable) and the Custom
Tariff Chapter / Item Classification shall be clearly indicated In the shipping documents i.e.,
Bill of Lading and Invoice.

7.0 DELIVERY & DELAYS :

7.1 Contractual Delivery Date : Contractual Delivery Date or Completion Period as mentioned in
the LOI / FOI / Purchase Order is the date on which goods shall be delivered FOB Port of
shipment in accordance with purchase order.

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

7.3 Price Reduction Schedule for Delayed Delivery :

In the event of Delay on the part of the vendor in effecting deliveries beyond the Contractual
Delivery Date specified in the LOI / FOI / Purcahse order or any time extension granted by
the purcahser, it will be at purchaser's discretion to levy a reduction in price for delayed
deliveries @ % of total order value per week of delay, subject to a maximum of 5% of the
Total Order Value. For fractional days, priced reduction shall be applicable on pro-
rata basis.

7.4 Delays due to Force Majeure :

Any delay in or failure of the performance of either Party hereto shall not constitute default
hereunder or give rise to any claims for damage, if any, to the extent such delays or failure
of performance is caused by occurrences such as Acts of God (like earthquakes, floods,
storms, etc.), act of States, the direct and Indirect consequence of Wars (declared or
undeclared) hostilities, national emergencies, civil commotions and strikes when occurred
in Vendor's factory.

If Vendor is prevented or delayed from performing any of its obligations under this
Purchase Order by Force Majeure, then Vendor shall notify the Purchaser the
circumstances constituting the Force Majeure and the obligations, performance of which is
thereby delayed or prevented, by courier, the beginning and end of the cause of delay
immediately, but in no case later than 14 days from the beginning and end of such cause of
the circumstances referred to above. The amount of time, if any, lost on any of these
counts shall not be counted for the Contractual Delivery Date without any prejudice to the
Purchasers rights mentioned in this regard. The decision of the Purchaser arrived at after
consultation with the vendor, shall be final and binding. Such a determined period of time
shall be extended by the Purchaser to enable the Vendor to complete the job within such
extended period of time.

It is the clear understanding of the Vendor that the occurrence of any Force Majeure
conditions at suppliers vendor or sub-Vendors premises shall not be considered for
granting extension in delivery period.

8.0 DELAYS AND NON-CONFORMANCE:
In case of Delivery schedule not being adhered to in progressing the manufacture of supply
the Purchaser has the right to :

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(i) Cancel the order wholly or in part-without any liability to Cancellation charges and procure
the goods elsewhere, In which case Vendor shall make good the difference between the
cost of goods procured elsewhere and price set forth in the order with the Vendor.
(ii) Hire for the period of delay goods meeting the specifications from elsewhere at Vendor's cost.
In the event of rejection of non-conforming goods, the Vendor shall be allowed to correct the
non-conformities without extension in delivery period. If vendor fails to do so within the
stipulated time, the Purchaser shall have the right to recover actual expenses incurred by
Purchaser in installing and removing the non-conforming goods. This shall not prejudice
the right of the Purchaser for invoking the provisions of clause 7.3 on price reduction for
delayed deliveries as aforesaid.

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

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

The materials shall be subject to manufacturer inspection as per the tender specifications and as
per the applicable codes / regulations and relevant certificates shall be provided by the Vendor.

The Vendors responsibility will not be lessened due to any comments made by Owner or his
Procurement co-ordinators/Managers and Inspectors on the Vendors drawings or by Inspectors
witnessing any tests.

In any case, the equipments and materials supplied under this Contract shall be in strict
accordance with the tender/LOI/FOI/Purchase Order and /or its attachments failing which the
Owner shall have the right to reject the goods and hold the Vendor liable for non-performance of
Contract.

10.0 REVISIONS, CHANGES AND CANCELLATION:
The Purchaser may make any revisions or changes in Purchase Order including changes
in the quantities ordered. The effect of such changes on prices, delivery period and / or
other terms and conditions may be settled through mutual agreement. Claim for
adjustment must be made within 15 days of intimation of such revision by HPCL being
conveyed to the Vendor.

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

The Purchaser reserves the right to cancel LOI/FOI/Purchase Order or any part thereof
and shall be entitled to rescind the same wholly or by part in a written notice to the
Vendor if :

i) The Vendor fails to comply with the terms of this LOI/FOI/Purchase Order.

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

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Iii) The Vendor becomes bankrupt, insolvent or goes in to liquidation or winding up.

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

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

vi) In the event of Force Majeure condition prevailing with Vendor for more than 30 days.

vii) The Vendor has become untraceable.

viii) The Vendor has acted in any manner detrimental to the interest, reputation, dignity or
prestige of the Purchaser.

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

The Purchaser in that event shall be entitled to procure their requirement from other
sources and recover the excess payment over the Vendors agreed price, if any, from the
Vendor, reserving to itself the right to forfeit the Security Deposit, if any made by the
Vendor against the LOI/FOI/Purchase Order.

The provision of this clause shall not prejudice the right of the Purchaser from invoking
the provisions of the clause regarding Delayed delivery as aforesaid.

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

The goods shall be guaranteed against any defects in design, materials, workmanship and
performance for a period of 24 months from the date of shipment or 12 months from the
date of commissioning whichever is earlier. However, the CPBG shall be valid for a further
period of 3 months after expiry of the Guarantee period mentioned in this bid document.

Should any defects develop within the Guarantee/Warrantee period, the same shall be
remedied or the goods shall be replaced free of charge. All expenses incurred including
those on transportation, shall be borne by the Vendor.

12.0 NON-ASSIGNMENT:

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

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

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

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

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

14.0 SUBSTITUTION AND WRONG SUPPLIES

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

15.0 ARBITRATION:
a) Disputes or difference arising out-of or in relation to this agreement shall be settled by
Arbitration in India. The arbitration shall be by a Sole Arbitrator appointed by HPCL. The
Sole Arbitrator will adjudicate the disputes and differences between the parties
except those in respect of which the decision of any person is by the agreement
expressed to be final and binding.
b) In the event of the Sole Arbitrator to whom the matter is originally referred to, is
unable to act or he/she vacates the office, HPCL, shall nominate another Sole Arbitrator to
settle the said disputes and differences.
c) The second Sole Arbitrator shall be entitled to proceed with the arbitration from the
stage at which it was left by his/her predecessor.
d) The award of the arbitrator shall be final, conclusive and binding on all the parties to
the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996, as in
force in India and the rules made there under and for the time being in force. This
agreement shall be covered by the laws of India.
e) The award shall be made in writing and shall be published by the Sole Arbitrator within
six months after entering upon reference or within such further time mutually extended
by the parties. The Sole Arbitrator shall have power to order and direct the parties to
abide by, observe and perform such directions as the Sole Arbitrator may think fit and
proper to issue having regard to the fact that the arbitration proceedings have to be
completed within the specified period solely on the principles of Natural Justice.
f) The Sole Arbitrator shall be at liberty to appoint, if so necessary, any Accountant or
Engineer or other person to assist him/her and act by the opinion so taken.
g) The Sole Arbitrator shall have powers to make one or more awards whether interim
or otherwise in respect of the disputes and differences, and in particular, shall make
separate awards in respect of each claim or cross claim of the parties.
h) The Sole Arbitrator shall be entitled to direct any of the parties to pay the cost of
arbitration in such a manner and to such an extent as the Sole Arbitrator may in his
discretion determine and shall also be entitled to require one or both the parties to
deposit funds in such proportions to meet the arbitration expenses. The parties to
arbitration, whenever called upon to do so, shall be bound to comply with such
directions without any demur.

i) Notwithstanding anything contained to any other law, the parties hereby agree that the
courts in the city of Mumbai alone shall have jurisdiction in respect of all or anything arising

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under this agreement and any award(s) made by the Sole Arbitrator hereunder shall be filed in
the court in the city of Mumbai only.

16.0 PACKING :

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

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

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

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

16.6 Wherever required equipment/materials shall be packed in polythlene bags and silicagel or
similar dehydrating compound shall be put inside the bags to protect them.

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

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

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

16.10 Wherever, wooden packing material has been used in the packing, the Vendor shall
furnish PHYTOSANITORY CERTIFICATE along with Documentation listed hereunder.

16.11 In case of consignments made as part loads of containers , the Vendor shall ensure that
the consignments are not mixed with any other Hazardous or Non Compatible
Consignments

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

HINDUSTAN PETROLEUM CORPORATION LTD. '
PURCHASE ORDER NO ....................................................................... .
NET WEIGHT KGS.GR. WT . KGS
DIMENSIONS ........................................ X. X ......... CMS

age S8 of 98

___________________________
PACKAGE NO. (SI. No. of total packages)
TAG/ITEM NO .................. ....... ..........
COUNTRY OF ORIGIN .....................................................................
SHIPPER'S NAME ..................................................................................... ........

17.2 Additional marking such as 'handle with care' 'this side up' 'fragile' or any other additional
Indications for protection and safe handling shall be added depending on the type of
materials. All cases will have warning signs on the outside denoting 'Centre of Gravity' and
'Sling Mark'.
17.3 Letters, figures, marks etc. used for marking shall be stenciled printed. Handwriting
should be avoided as far as possible. Size of letter shall be optimum for each package
dimensions.
17.4. In case of Bundle or other packages wherever marking cannot be stenciled the same shall
be embossed on metal or similar tag and Wired securely at minimum two convenient
points.

18.0 SHIPPING :
18.1 In case of ocean shipments made on FOB basis and/or shipments made through
TRANSCHART vessels, the shipping arrangement will be made by the Shipping Co-
ordination and Chartering Division, Ministry of Shipping & Transport New Delhi (email
:aso1@hub.nic.in, Fax No. 91-011-23352726, phone no. 91-011-23719480; Cable:
TRANSCHART : NEW DELHI TELEX: VAHAN ND-2312, 2448 and 3104) through their
respective forwarding agents / Nominees as specified to whom adequate notice of not less
than six weeks about the readiness of each cargo for shipment should be given by the
vendor from time to time for finalizing the shipping arrangements.

18.2 All shipment of materials shall be made by First class direct vessels. All shipments of shall
be under deck only, unless carriage on deck is unavoidable and / or the consignments are
made in containers..

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

Forty five (45) days before the contractual delivery date, proforma packing lists and
sketches of over dimensioned cargo shall be air mailed.

Over dimension cargo shall mean any package exceeding any of the following limits

Weight 20 MT
Length 13.719 Meters
Width 2.997 Meters
Height 2.743 Meters

19.3 Documents required after shipment :

age S9 of 98

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

Copy of Documents No. of Copies
(a) Bill of lading 4
(b) Commercial Invoice 6
(c) Detailed Packing list 6
(d) Freight Memo 2
(e) Test Certificate 2
(f) Certificate of Origin 2
(g) Certificate of Measurement & Weight 2
(h) Catalogue and /or drawings 2
(i) Payment Certificate 2
(amount received by vendor)
(j) Manufacturers Test Certificates 2
(k) Third Party Inspection release notes 2
(l) Phytosanitary Certificate for wooden 2
Packing materials.
Note: In addition to above, complete set of documents are required to be sent to
(Purchaser) through bank in terms of Letter of Credit

19.4 Bill of lading :Bill of Lading shall be 'Clean on Board', Ocean Bill of Lading should be made
In favour of Hindustan Petroleum Corporation Limited (with full address of the purchaser)
and the notify column should indicate the consignee Name & Address specified in the
Purchase Order.

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

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

19.7 Custom Tariff-Chapter/Tariff item :
The vendor shall clearly mention the Custom Tariff Chapter/Tariff Item on Bill of Lading
and Commercial Invoice for respective items, which should be same as what the vendor
had quoted in his tender unless there is a reclassification during the interim period.

20.0 SHIPPING ADVICE :

Within 24 hours after shipment, the supplier shall send shipping advice giving particulars
of the shipment, Vessel's Name, Port of shipment, Bill of Lading number and date,
contents in brief, Purchase Order number, Total F.O.B. and Freight Values, number of
packages and total gross weight.

age 60 of 98

___________________________
Within 24 hours after shipment, the vendor shall send by email in digitized form the copies of
documents mentioned under Cl. 19.3 (a) to (l) to the Purchaser and the addresses specified by the
Purchaser.

21.0 TECHNICAL INFORMATION :
Drawings, specifications, and details shall be the property of the purchaser and shall be
returned by the vendor on demand. The vendor shall not make use of drawings and
specifications for any purpose at any time save and except for the purpose of the
purchaser. The vendor shall not disclose the technical information. furnished to or gained
by the vendor under or by virtue of or as a result of the implementation of this purchase
order to any person, firm or body or Corporate authority and shall make all endeavours to
ensure that technical information is kept CONFIDENTIAL. The technical information
imparted and supplied to the vendor by the Purchaser shall at all times remain the
absolute property of purchaser.

age 61 of 98

___________________________
CHAPTER VII

ACCEPTANCE / INFORMATION TO BE FURNISHED BY FOREIGN
BIDDERS

1 Following details should be furnished for effecting L/C. Complete name
and address with telephone and telefax numbers of LC beneficiary :

2. Your A/C Details, Bankers Name & Address : ( for payment through
telegraphic transfer)
BANKERS NAME
ADDRESS

A/C NO:-
SWIFT CODE:-

3 L/C Validity Period for Shipment
_____________________________________________
4 L/C Validity Period for negotiation
___________________________________________
5 L/C Confirmation required (Yes or No, if yes, charges will be your account)
_________
6 Country of origin for product _____________________________
7 Sea port for shipment ______________________________
8 Packing details of consignment ( product wise)

age 62 of 98

___________________________
Ite
m
No
.
PRODUCT Quanti
ty
Packing Details in
terms of drums
Packing Details in terms
of container size X no.
of
containers
1 Stainless steel
armored hose
as per API
650/API 17J ( 4
inch size)
3 NO.
2 Stainless steel
armored hose
as per API
650/API 17J ( 3
inch size)
5 NO.
3 Stainless steel
armored hose
as per API
650/API 17J ( 6
inch size)
2 NO.

Please confirm following, write (Yes or No)

10 Partial Shipment allowed, Your acceptance __________________.
11 One transshipment permitted, Your acceptance _______
_________________________.
12 All Bank Charges outside India are to be beneficiarys account. All Letter
of Credit
amendment charges are to the beneficiarys account. _______________
13 Acceptance of Price Reduction Clause for delayed deliveries specified in
Tender : ________________
( please refer General Purchase Conditions for Imports for details)
14 Submission of Performance Bank Guarantee (PBG) towards 15% of basic
PO Value: _________ ( valid for 18 months from the date of delivery).

Please refer clause 3.0 of General Purchase Conditions for Imports. All
foreign Bank
Guarantees will be confirmed by a bank located in India (Scheduled Banks
- Other than
Co-operative Banks). For foreign bidders PBG would be submitted in
USD or the currency in which quote has been submitted.

age 63 of 98

___________________________
16 Validity of offer 4 Months from the tender due date / extended due date :
___________
17 Confirm acceptance to part order / part quantity ( Separate orders for
individual locations)
______________________
18 Acceptance to our attached General Purchase Conditions for Imports
_________________
19 Confirm that this is a direct bid and no commission is involved to any
Indian representative _________________________________________________
(Incase of Indian representative, please refer clause 22 of Chapter III -
SPECIAL TERMS & CONDITIONS)

20 Confirmation that no conditions have been mentioned in price bid
________________
21 Confirmation that rates have been quoted in the price bid format (attached) :
________
22 Confirm that you have quoted charges towards sea freight & marine
insurance separately in the price bid ______________

23. Confirm acceptance of purchase order on FOB or CIF basis at the sole
discretion of HPCL _________________

24. Confirm providing phytosanitary / fumigation certificate for packing
material _________

25. Port of loading (FOB) _____________________ (Pl specify)

26. Port of Discharge_____________

age 64 of 98

___________________________
CHAPTER VIII

PROFORMA OF PERFORMANCE BANK GUARANTEE
(Foreign bidders to submit PBG in the currency of their quote)
(on non-judicial stamp paper of appropriate value)
To BANK GUARANTEE NO. :

M/s. Hindustan Petroleum Corporation Limited
Hindustan Bhawan - Gr. Floor
8, S. V. Marg, Ballard Estate
Mumbai - 400 001
India

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 purchase 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 up to a sum of Rs. _______________ (Rupees_____________________) amounting to 15%
(fifteen 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 up to 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
up to 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

age 6S of 98

___________________________
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.

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 so liable to be paid to "the
Corporation" or suffered or incurred by "the Corporation", as the case may be, and payable by
"the Bank" to "the Corporation", in terms hereof.

7. Not withstanding anything contained herein above :
i) Our liability under this guarantee shall not exceed
Rs..........
ii) This Bank Guarantee shall be valid up to 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 90 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 _______________ 2004 .

____________________________ Bank
(by its constituted
attorney) (signature of a
person authorized to sign
on behalf of "the Bank")

age 66 of 98

___________________________

CHAPTER IX

DEVIATION SHEET

( To be submitted on bidders letter head along with unpriced
bid)

The deviations to tender terms & conditions should be mentioned on bidders
letter head referring Chapter No. and clause of tender. The deviation sheet should
be submitted along with unpriced bid.

In case no deviation sheet is submitted along with unpriced bid, it would be
concluded that bidder has accepted all specification, tender terms & conditions.

age 67 of 98

___________________________
CHAPTER X
AGREED TERMS & CONDITIONS

This questionnaire duly filled shall be returned along with each copy of Un-priced bid.
Clauses confirmed hereunder should not be repeated in the bid. ALL THE COMMERCIAL
TERMS AND CONDITIONS SHOULD BE INDICATED IN THIS FORMAT ONLY.

S.NO. DESCRIPTION BIDDER'S CONFIRMATION
1 Confirm that your Offer is in
complete compliance with the scope
of supplies as specified in the Bid
document

2 Confirm you have quoted your prices
strictly in the applicable Price
schedule format (enclosed with the
Bid document).

3 Specify Country of Origin of Goods
offered

4 Specify the Currency of quote (in
accordance with terms specified in
Bid document)

5 Indicate estimated shipping net and
gross weight and Volume

6
(i) Confirm that You shall furnish
Contract Performance Bank
Guarantee (Performance Security) as
per terms of Bid document.
(ii) Confirm acceptance of delivery
period as specified in the Bid
Document.
(iii), Confirm that Your offer will
remain Valid for acceptance for a
period of FOUR Months from the Bid
due date or extended due date (if the
same is extended).
(iv) Confirm that the quoted prices
shall remain FIRM AND FIXED till
complete execution of Order
(v) Confirm that Guarantee
/Warranty shall be as per specified
in Bid Document
(vi) Confirm acceptance of Price
Reduction for delay in delivery as per
of Bid document.
(vii) Confirm acceptance to Payment
Terms as per Special Terms &

age 68 of 98

___________________________
Conditions.
7 Confirm Terms related to Taxes and
Duties shall be as per Provisions of
Bid document

8 Confirm that acceptance of Technical
specifications and scope of supply as
per tender enquiry. In case of
deviations, confirm that the same
has been highlighted separately.

9 This clause is for Indian Bidders
only

9.1 Indicate dispatch Point
9.2 Confirm that you have quoted firm
Transportation charges in the price
schedule format provided in the bid
document.

10 This clause is applicable for
Foreign Bidders only

10.1 Indicate international sea Port of Exit
10.2 (i) Letter of Credit shall be opened
through a Government of India
Nationalized Bank and hence need
not be confirmed,
(ii) In case You insist for a confirmed
LC, confirmation charges will be to
your account. Confirm acceptance.

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

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

10.5 All Bank Charges and Stamp duties
payable outside India in connection
with the payments to be made under
the Purchase Order shall be borne by
the Bidder. All Bank Charges and
Stamp duties payable in India (only
Owner's banker) shall be borne by
the Owner.

10.6 No foreign bidder shall be allowed to
involve a foreign agent & no agency
commissioning shall be payable by
the Owner.

10.7 Please Indicate the name and
address of your Bankers

10.8 Confirm acceptance to the Special
Packaging Requirement mentioned in
the bid document.

age 69 of 98

___________________________
10.9 Indicate Shipping weight (net and
gross) and volume of the
consignment. In case the port of
shipment of items are different, the
above information for supplies to be
furnished from different ports, as
applicable

11.1 Please confirm that you have not
been banned or delisted by any
Government or Quasi Government
agencies or PSUs. If you have been
banned, then this fact must clearly
be stated.

11.2 Please confirm that you have signed
and attached the enclosed "Proforma
of Declaration of Black
Listing/Holiday Listing" with your
Unpriced offer.

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

13 (a) Confirm acceptance in Toto of the
Terms and Conditions contained in
the Bid document including
(i) Instructions to Bidders
(ii) Special Terms & Conditions and
Special Conditions of Purchase
(iii) General Purchase conditions
(GPC)
(b)Confirm acceptance of
ARBITRATION Clause &
INTEGRITY PACT

14 This clause is applicable for NSIC
registered suppliers (Indian Bidders)
:
a. Are you registered with NSIC (copy
of registration to be attached if
applicable )
b. NSIC Registration Certificate is
valid up to (provide date)
c. In case registered with NSIC,
please confirm whether the quoted
item is included in the registration
certificate. Please also provide the
value limit given in NSIC certificate
d. Please confirm whether you have

age 70 of 98

___________________________
succeeded in securing orders for
same items, in competition (i.e.
without price preference) with the
large scale units during the
preceding 12 months.
15 Part Order / Quantity
Confirm acceptance of Part order /
quantity.

16 PSU
Indicate whether you are a Govt. Of
India Undertaking.

17 Applicable for Indian Bidders only
:
In case of delays in supplies beyond
contractual delivery date for reasons
attributable to Bidder, please
confirm that any increase in
Statutory levies / duties / taxes will
be to Bidders account and any
decrease shall be passed on to
Owner.

18 Applicable for Indian Bidders only
:
In case of delay in Delivery due to
reasons attributable to Bidder,
please confirm that any new or
additional taxes and duties imposed
after contractual delivery dates shall
be to Bidder's account.

age 71 of 98

___________________________

Chapter-XI

UNPRICED BID FORMATS
(Please fill the taxes & submit in unpriced bid
/ technical of your offer)

NO RATES SHOULD BE QUOTED IN
UNPRICED BID. RATES SHOULD BE QUOTED
IN PRICED BID ONLY.

age 72 of 98

___________________________

UNPRICED ID FORMAT FOR INDIAN IDDERS THIS IS A CONFIRMATION THAT
PRICE ID HAS EEN SUMITTED IN THE FOLLOWINS FORMAT ONLY & HENCE
NO RATES of muteriuI SHOULD E QUOTED ON THIS SHEET

Item
No.
Description Qty.

Unit Unit Price on
FOT Despatch
point basis
(.)
Total Price on
FOT Despatch
point basis
(.)

1 Stainless steel armored as per
API 650/API 17J ( 4 inch size)
for Ajmer
02 EACH xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
API 650/API 17J (4 inch size
) for Jaipur
01 EACH Xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
) for Ajmer
02 EACH xxxxxxxxxxx
xxxxxxxxx

xxxxxxxxxxx
xxxxxxxxx
) for Jaipur
02 EACH xxxxxxxxxxx
xxxxxxxxxxx
xxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxx
for Rewari
01 EACH xxxxxxxxxxx
xxxxxxxxx

xxxxxxxxxxx
xxxxxxxxx
for Irumpanam
02 EACH xxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxx
xxxxxxxxx
Taxes and Duties Rate in
%
xxxxxxx
x
xxxxxxxxxxxxx xxxxxxxxxxx

PACKING & FORWARDING
CHARGES (%)

Excise Duty ( %)

xxxxxxx
xxxxxxx
x
xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Education Cess on Excise
Duty %
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx
VAT/CST % (without Form
C (Please specify VAT/CST)
: AJMER

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx

age 73 of 98

___________________________
C (Please specify VAT/CST)
: JAIPUR

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
C (Please specify
VAT/CST): REWARI

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
C (Please specify
VAT/CST): IRUMPANAM,
KERALA

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
Freight on door delivery basis
inclusive of Service Tax %
UPTO AJMER
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
UPTO JAIPUR
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
UPTO REWARI
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
UPTO IRUMPANAM,
KERALA
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Transit Insurance Charges %
UPTO AJMER
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx
UPTO JAIPUR
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx
UPTO REWARI
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx

UPTO IRUMPANAM,
KERALA
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx
Octroi (Quote if applicable) % xxxxxxx
xxxxxxx
xx

xxxxxxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx

age 74 of 98

___________________________
Any other taxes / charges
(Please specify) %
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
(Please specify) %
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
(Please specify) %
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx

NOTES: NO CONDITION SHALL BE MENTIONED ON PRICE BID. DEVIATIONS

THE DEVIATIONS, IF ANY, SHOULD BE MENTIONED SEPARATELY ON
BIDDERS LETTER HEAD IN UNPRICED BID
Conditional price bids are liable to rejected.
WE CONFIRM THAT WE HAVE QUOTED RATES IN ABOVE FORMAT ONLY
WITHOUT ANY CONDITIONS.

1.The evaluation of bids shall be on item wise lowest delivered cost basis .

2. Assistance to be given by the vendor at the time of commissioning of each tank (
tank details as per Annexure I & Annexure II of this tender document) and vendor to
send his representative for the same. Rate Quoted by the party shall include to & fro
charges accommodation inclusive of all the charges towards international travel,travel
within India, Local conveyance, Lodging, Boarding, Medical & all the incidental
expenses, All the taxes applicable etc. and to be quoted on per diem basis.

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

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

4 The quoted price shall be inclusive of all Inspection and Testing requirements as
specified in the enclosed specifications.

age 7S of 98

___________________________

TAXES AND DUTIES (APPLICABLE FOR INDIAN BIDDERS)

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

2) Please note that Form C shall not be issued for the supplies against this tender.
Applicable taxes shall be quoted accordingly.

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

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

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

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

6) If felt necessary, bidder may quote minimum lumpsum charges towards Freight &
Third Party Inspection, in case of part order. Please note that wherever lumpsum
charges are mentioned, such charges will be considered in full during iteration, and
no proration will be carried out, i.e, if the bidder is becoming L-1 for only a few of
the tendered items, then the lumpsum / minimum charges will be applied for such
items and the bid will be reevaluated to ascertain whether the party still remains L-
1 for these items. Hence, it is once again advised that quoting of lumpsum charges
should be avoided, and applicable charges should be preferably mentioned in %
terms.

7) Please note that unloading & Stacking of material at HPCL site shall be arranged by
HPCL.

age 76 of 98

___________________________

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

DESCRIPTION APPLICATION

Basic Price Not Applicable
Packing & Forwarding (P & F)On (Basic Price)
Excise Duty (ED) On (Basic Price + P & F)
Sales Tax (ST) - VAT / CST On (Basic Price + P & F + ED)
Freight On (Basic Price)
Third Party Inspection (TPI) On (Basic Price)
Transit Insurance (TI) On (Basic Price)
Octroi (wherever applicable) On (Basic Price + P & F + ED + ST + Freight + TPI + TI)
Service Tax will be applied on the charges quoted against Installation &
Commissioning jobs, if any mentioned in the tender.

age 77 of 98

___________________________

UNPRICED BID FORMATS FOR FOREIGN BIDDERS

Item
No.
Description Qty.

Unit Unit Price on
FOT Despatch
point basis
incl pkg. &
forwarding
(Rs.)
Total Price on
FOT Despatch
point basis
including
Packing &
Forwarding
(Rs.)

1 Stainless steel armored as
per API 650/API 17J ( 4 inch
size) for Ajmer
02 EACH xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxx
per API 650/API 17J (4 inch
size ) for Jaipur
01 EACH Xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
size) for Ajmer
02 EACH xxxxxxxxxxx
xxxxxxxxx

xxxxxxxxxxx
xxxxxxxxx
per API 650/API 17J (3 inch
size ) for Jaipur
02 EACH xxxxxxxxxxx
xxxxxxxxxxx
xxxx
xxxxxxxxxxx
xxxxxxxxxxx
xxxx
size) for Rewari
01 EACH xxxxxxxxxxx
xxxxxxxxx

xxxxxxxxxxx
xxxxxxxxx
6

Stainless steel armored as
size) for Irumpanam
02 EACH xxxxxxxxxxx
xxxxxxxx
xxxxxxxxxxx
xxxxxxxx

TAXES & DUTIES FOR FOREIGN BIDDERS

Description Tax / Duty rate in % TotalTaxes / Duty
Amount
Packing & forwarding,
documentation, Transportation up
to FOB port of shipment, transit
insurance up to FOB port of
Despatch and stowage charges.

xxxxxxxxxxxxxxxxxxxxx
xxxxxxxxx

age 78 of 98

___________________________
Oecan freight from loading port to
Mumbai/ Nhava Sheva, India,%
xxxxxxxx
Marine Insurance from port of
shipment to port of entry, %
xxxxxxxx
Any other charges / duty (please
specify)in %
xxxxxxxxxxx
specify) in %
xxxxxxxxxxx

Total delivered cost on CIF basis

NOTES: NO CONDITION SHALL BE MENTIONED ON PRICE BID. DEVIATIONS THE
DEVIATIONS, IF ANY, SHOULD BE MENTIONED SEPARATELY ON BIDDERS
LETTER HEAD IN UNPRICED BID
Conditional price bids are liable to rejected.

WE CONFIRM THAT WE HAVE QUOTED RATES IN ABOVE FORMAT ONLY
WITHOUT ANY CONDITIONS.
1.The evaluation of bids shall be on item wise lowest delivered cost basis

2 Assistance to be given by the vendor at the time of commissioning of each tank (
tank details as per Annexure I & Annexure II of this tender document) and vendor to
send his representative for the same. Rate Quoted by the party shall include to & fro
charges accommodation inclusive of all the charges towards international travel,travel
within India, Local conveyance, Lodging, Boarding, Medical & all the incidental
expenses, All the taxes applicable etc. and to be quoted on per diem basis.

3 Bidders quoted prices shall be deemed to include bidders entire scope of work
and technical specifications, data sheets, drawings etc. Covered in this tender
document irrespective whether the same are specifically covered in the
Descriptionunder above Price Schedule or not.

4 Bidder to indicate all Taxes and Duties in Percentage in Unpriced Bid. The
application of the taxes & duties shall be as per enclosure.

5 The quoted price shall be inclusive of all Inspection and Testing requirements
as specified in the enclosed specifications.

6 Port of ENTRY: JNPT NHAVA SHEVA

age 79 of 98

___________________________

Chupter- XII
PRICE FORMATS

{No condition / deviutions shouId be mentioned in
price bid, ConditionuI price bid shuII be IiubIe
for regection ut the soIe discretion of HPCL,

age 80 of 98

___________________________

PRICED ID FORMAT FOR INDIAN IDDERS

Item
No.
Description Qty.

Unit Unit Price on
FOT Despatch
point basis ()
Total Price on
FOT Despatch
point basis ()

per API 650/API 17J ( 4
inch size) for Ajmer
02 EACH
per API 650/API 17J (4
inch size ) for Jaipur
01 EACH
02 EACH
inch size) for Jaipur
02 EACH
inch size) for Rewari
01 EACH
6

inch size) for Irumpanam
02 EACH

Taxes and Duties Rate in % Total amount of
Taxes

PACKING & FORWARDING
CHARGES (%)

Excise Duty ( %)

xxxxxxx
xxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Education Cess on Excise
Duty %
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxx
xxxxxxxxxx
VAT/CST % (without
Form C (Please specify
VAT/CST) : AJMER

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
VAT/CST % (without
VAT/CST) : JAIPUR

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
Taxes

age 81 of 98

___________________________
VAT/CST % (without
VAT/CST): REWARI

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
VAT/CST % (without
VAT/CST):
IRUMPANAM,
KERALA

xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxx
Freight on door delivery
basis inclusive of Service
Tax % UPTO AJMER
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Tax % UPTO JAIPUR
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Tax % UPTO REWARI
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Tax % UPTO
IRUMPANAM,
KERALA
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
Transit Insurance Charges
% UPTO AJMER
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxx
xxxxxxxxxx
% UPTO JAIPUR
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxx
xxxxxxxxxx
% UPTO REWARI
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxx
xxxxxxxxxx

% UPTO IRUMPANAM,
KERALA
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxx
xxxxxxxxxx
Octroi (Quote if applicable)
%
xxxxxxx
xxxxxxx
xx
xxxxxxxxxxxx
xxxxxxxxxx
Taxes

age 82 of 98

___________________________
(Please specify) %
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
(Please specify) %
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx
(Please specify) %
xxxxxxx
xxxxxxx
xxxxxxx
xxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxx

GRAND TOTAL AMOUNT
:

1. The evaluation of bids shall be on item wise lowest delivered cost basis.

2. Assistance to be given by the vendor at the time of commissioning of each
tank ( tank details as per Annexure I & Annexure II of this tender document) and
vendor to send his representative for the same. Rate Quoted by the party shall
include to & fro charges accommodation inclusive of all the charges towards
international travel, travel within India, Local conveyance, Lodging, Boarding,
Medical & all the incidental expenses, All the taxes applicable etc. and to be
quoted on per diem basis.

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

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

age 83 of 98

___________________________
PRICED ID FORMATS FOR FOREISN IDDERS

Item
No.
Description Qty.

Unit Rate per Unit
(with
Currency)
Total Amount
(with
Currency)

02 EACH
per API 650/API 17J (4
inch size ) for Jaipur
01 EACH
02 EACH
inch size) for Jaipur
02 EACH
inch size) for Rewari
01 EACH
6

inch size) for Irumpanam
02 EACH

TAXES & DUTIES FOR FOREIGN BIDDERS

Description Tax / Duty rate in % TotalTaxes / Duty Amount
Packing & forwarding,
documentation, Transportation up
to FOB port of shipment, transit
insurance up to FOB port of
Dispatch and stowage charges.

Ocean freight from loading port to
Mumbai/ Nhava Sheva, India,%

Marine Insurance from port of
shipment to port of entry, %

specify)in %

specify) in %

Total delivered cost on
CIF basis

age 84 of 98

___________________________

1. The evaluation of bids shall be on item wise lowest delivered cost basis.

2. Assistance to be given by the vendor at the time of commissioning of each
tank ( tank details as per Annexure I & Annexure II of this tender document) and
vendor to send his representative for the same. Rate Quoted by the party shall
include to & fro charges accommodation inclusive of all the charges towards
international travel, travel within India, Local conveyance, Lodging, Boarding,
Medical & all the incidental expenses, All the taxes applicable etc. and to be
quoted on per diem basis.

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

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

age 8S of 98

___________________________

SOR UNPRICED FOR STAINLESS STEEL ARMORED HOSE AS PER API 650/API 17J

For Ajmer

Sr. No. ITEM QTY UNIT
1 Stainless steel armored as per API 650/API 17J (4 Inch Size)

Design, engineering, manufacture, supply, testing, supervision
during installation and guarantee of stainless steel armored hose as
per API 650/API 17Jfor trouble free services, job includes
connecting flanges, third party services etc. complete in all respect
for floating roof tanks (ref. annexure I, For Dia, curb angle height
and liquid level) as per the technical specifications attached with
this tender document and instruction of Engineer in charge. Supply
of stainless steel armored hose as per API 650/API 17Js is on door
delivery basis (For Indian Bidders: Door Delivery). All these
tubes to be supplied at:-

AJMER TERMINAL
AJMER-BEAWAR ROAD

2 EA

for floating roof tanks (ref. annexture I, For Dia, curb angle height
of stainless steel armored hose as per API 650/API 17J is on door

AJMER TERMINAL
AJMER-BEAWAR ROAD

2 EA

For Jaipur

age 86 of 98

___________________________


Design, engineering, manufacture, supply, testing,
supervision during installation and guarantee of flexible
tube for trouble free services, job includes connecting
flanges, third party services etc. complete in all respect for
floating roof tanks (ref. annexture I, For Dia, curb angle
height and liquid level) as per the technical specifications
attached with this tender document and instruction of
Engineer in charge. Supply of stainless steel armored hose as
per API 650/API 17J is on door delivery basis (For Indian
Bidders: Door Delivery). All these tubes to be supplied at:-

BAGRU KALAN
AJMER ROAD

1 EA


BAGRU KALAN
AJMER ROAD

2 EA

For Rewari


age 87 of 98

___________________________


BAWAL ROAD
VILLAGE P.O KARNAWAS
REWARI DIST.
HARYANA-123 401

1 EA

For Irumpanam



IRUMPANAM TERMINAL
SEAPORT-AIRPORT ROAD
IRUMPANAM
KOCHI-682 309
KERALA

2 EA

NOTE TO BIDDERS:-

1 Detailed Scope of Work, Supply of material, other technical specifications,
requirement of relevant codes, GTC (General Terms and Conditions) and any other

age 88 of 98

___________________________
requirement to complete the work as per Tender document and SOR shall be deemed
to be included in to SOR items.
2 For all SOR items, required machineries, equipments for testing, inspection, fixtures,
tools, tackles, consumables, supervision, labours (Skilled/Unskilled/Semi-Skilled)
shall be included in scope of work and supplied by contractor.
3 For all SOR items, preparation of fabrication drawings, procedures,
assembly/installation/erection procedures, Quality Control and inspection procedures,
submission of all the above documents/drawings and obtaining approval from HPCL
as applicable is deemed to be included in the scope of work and supply of the
contractor.
4 All the third party inspection charges for SOR items as covered in tender document
shall be borne by the contractor and shall be deemed to be included in SOR items.
5 All tools, tackles, equipment and items brought to site by the contractor will be
permitted to be taken out upon completion of work and fulfillment of necessary
formalities.

age 89 of 98

___________________________

Chapter- XV

TIME SCHEDULE

DESCRIPTION OF WORK: SUPPLY OF STAINLESS STEEL ARMORED HOSE AS PER
API 650/API 17J

COMPLETION PERIOD:

INDIAN BIDDERS:- THE ENTIRE QUANTITIES OF STAINLESS STEEL ARMORED HOSE
AS PER API 650/API 17J SHALL BE DOOR DELIVERED WITHIN 3 (Three )) MONTHS
FROM THE DATE OF ISSUE OF LOI/FAX ( Indian Bidders).

FOREIGN BIDDER :- THE ENTIRE QUANTITIES OF STAINLESS STEEL ARMORED
HOSE AS PER API 650/API 17J SHALL BE DELIVERED UP TO FOB ( DATE OF BILL
OF LADING) WITHIN 3 (Three )) MONTHS FROM THE DATE OF ISSUE OF LOI/FAX.

NOTE:
1. Time for completion shall be reckoned from the date of issue of FAX/Letter of Intent
by HPCL.

age 90 of 98

___________________________

Chapter- XV

INTEGRITY PACT

SUBMIT DULY SIGNED & STAMPED {WITH TWO
WITNESSES SIGN) WITH UNPRICE BID.

age 91 of 98

___________________________

age 92 of 98

___________________________

age 93 of 98

___________________________

age 94 of 98

___________________________

age 9S of 98

___________________________

age 96 of 98

___________________________

Witness 2:

age 97 of 98

___________________________

ANNEXURE -1

Tank details and Drain tube size

SL.NC DIAML1Lk
(ML1Lk)
nIGn1
(ML1Lk)
kCDUC1
n1(ML1Lk)
CAACI1
(kL)
kCDUC1 kLMAkk DkAIN 1U8L
SI2L kLUIkLD
(IN INCnLS)
1 24 14 13 S600 nSD (A[mer) SINGLL DLCk ILCA1ING kCCI 4
2 24 14 13 S600 nSD (A[mer) SINGLL DLCk ILCA1ING kCCI 4
3 18 12 11 26S0 MS (A[mer) SINGLL DLCk ILCA1ING kCCI 3
4 18 12 11 26S0 MS (A[mer) SINGLL DLCk ILCA1ING kCCI 3
S 28 14 13 7700 MS (Ia|pur) SINGLL DLCk ILCA1ING kCCI 4
6 18 13 12 2900 nSD (Ia|pur) SINGLL DLCk ILCA1ING kCCI 3
7 18 13 12 2900 nSD (Ia|pur) SINGLL DLCk ILCA1ING kCCI 3
8 17 12 11 2370 MS (kewar|) SINGLL DLCk ILCA1ING kCCI 3
9 2S 12 11 S1S0 MS (Irumpanam) SINGLL DLCk ILCA1ING kCCI 6
10 2S 12 11 S1S0 MS (Irumpanam) SINGLL DLCk ILCA1ING kCCI 6

Expected Dates for readiness of tanks for installation and
supervision of stainless steel armored hose as per AP! 650fAP! 17Js

1. Ajmer ..... By Nid April 2011
2. Jaipur...... By end Narch 2011
3. Rewari...... By end July 2011
+. !rumpanam.. By end April 2011

Tanks are expected to be ready for commissioning within 6 weeks
from the above dates. Party shall mobilize for supervision of
installation within 2 weeks from the date of advice

age 98 of 98

___________________________

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Tender Number: 100000211-HD-10002

BID DUE DATE & TIME: 1530 Hrs. IST on 4 th

4 AMENDMENT OF BID DOCUMENT

15. EVALUATION OF BIDS

NOTES: NO CONDITION SHALL BE MENTIONED ON PRICE BID. DEVIATIONS

PRICED ID FORMATS FOR FOREISN IDDERS

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