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HINDUSTAN PETROLEUM CORPORATION LIMITED ENNORE TERMINAL PROJECT

Tenderer’s Signature with seal: of 176 MEC/23KM/T-33/11000024 Date: ©2011 MECON LIMITED. All rights reserved

GLOBAL TENDER FOR

Design, Manufacturing, Supply, Installation, testing and commissioning of

Aluminium Internal Floating Roof System

(Non-Contact Type) at

Ennore Terminal Project Of

M/s Hindustan Petroleum Corporation Limited Chennai, India



MASTER INDEX

SI

NO DESCRIPTION

Attachment‐I Techno‐Commercial Attachments 1 Annexure‐I Detailed NIT

2 Annexure‐II Instruction to Bidders regarding Submission of

Offers 3 Annexure‐III Pre‐Qualification Criteria

4 Attachment‐II Technical Attachments

Attachment‐III Commercial Attachments

5 Annexure‐IV Schedule of Quotation 6 Annexure‐V General Terms & Conditions 7 Annexure‐VI Special Conditions of Contract

8 Annexure‐VII Agreed Commercial Terms & Conditions (For

Foreign Bidder)

9 Annexure‐VIII Agreed Commercial Terms & Conditions (For

Indian Bidder) 10 Annexure‐IX Integrity Pact Agreement 11 Annexure‐X Earnest Money Deposit‐Format 12 Annexure‐XI Performance Bank Guarantee‐Format13 Annexure‐XII E‐Mandate14 Annexure‐XIII Vendor’s Intimation for Participation

Attachment‐IV Miscellaneous Attachment15 Annexure‐XIV Abbreviation



ANNEXURE – I

DETAILED NOTICE INVITING TENDER FOR








NOTICE INVITING TENDER (NIT) FOR ENNORE TERMINAL PROJECT

MECON Limited, Bangalore on behalf of M/s. Hindustan Petroleum Corporation Limited (HPCL), invites sealed bids under two bid system from eligible Contractors for Design, Supply, Fabrication, Installation, Erection, Testing and Commissioning of Aluminium Internal Floating Roof System (Non-contact type) for ATF & MTO tanks for their Ennore Terminal Project located in Ennore, Chennai, India. 1.0 BACKGROUND:

HPCL proposes to construct a Greenfield Oil Terminal at Ennore on the outskirts of Chennai City as resitement of the existing Oil installation at Tondiarpet, Chennai. Ennore is approximately 30 Kms away from Chennai City and falls under Tiruvellore District, Tamilnadu. The plot measuring 100 acres approximately is located adjacent to the main railway track (Howrah- Chennai) on the Eastern side, after the railway bridge across the Ennore Port and 1 Km before the Athipattu- Pudhunagar sub-urban railway station (towards Chennai).

1.1 SCOPE OF WORK:

1.1.1 The scope of work of the tenderer shall include the following :

a) Complete design b) Selection of materials c) Preparation of drawings d) Internal Floating roof calculations e) Detailed engineering f) Supply and obtaining approvals of MECON / HPCL. g) Transportation and storage at site h) Fabrication i) Installation j) Erection k) Inspection & Testing l) Commissioning of the Aluminium Internal Floating roof System for ATF tanks

inclusive of all accessories, to the satisfaction of MECON /HPCL.

1.1.2 The detailed scope of work shall be as given in the Technical Specification Attachment-II.

2.0 DETAILS OF BID DOCUMENT:

i. BIDDING DOCUMENT NO: MEC/23KM/T-33/11000024(to be referred in all future correspondence)



ii. Bid Document Fee (Non Refundable) : Rs.5000/- or US$ 150.00

iii. Earnest Money Deposit : Rs.2,20,000/- or US$ 5000.00

iv. Start of sale of bids : 27/07/2011

v. Date of Pre-Bid Meeting: 03/08/2011 at MECON Ltd., Bangalore, India.

vi. Last date & Time of receipt of bids : 18/08/2011 at 15.00 Hrs IST

vii. Unpriced bid opening : 18/08/2011 at 15.30 Hrs IST 3.0 BIDDER QUALIFICATION CRITERIA: 3.1 The bidders, intending to participate shall fulfil the attached qualification criteria as

Annexure – III. 4.0 HPCL/MECON reserves the right to use in-house information for assessment of

Bidder’s capabilities. 5.0 Bidder should not be under liquidation, court receivership or similar proceedings. 6.0 Bidder shall furnish documentary evidence by way of copies of work orders,

completion certificates and balance sheets including Profit and Loss Accounts, etc. along with the Bid to establish Bidder’s conformance to Qualification Criteria. Failure to meet the above Qualification Criteria will render the Bid liable for rejection. Therefore, the bidder shall in his own interest furnish complete documentary evidence in the first instance itself, in support of their fulfilling the Qualification Criteria as given above.

7.0 A set of Bidding Document (non-transferable) can be purchased, from the office

of AGM (CONTRACTS) MECON LIMITED, 89, SOUTH END ROAD, BASAVANAGUDI, BANGALORE, INDIA, PH. NO.: 0091-80 26576442 / 26252105 FAX NO.: 0091-80 2657 6352 during the office working hours (10.00 AM to 4.00 PM), on payment of tender document charges of INR 5000/- (Rupees Five thousand only) or US$ 150.00 (One Hundred and Fifty USD only) through Demand Draft / Banker’s Cheque / Pay Order, in favour of M/s Hindustan Petroleum Corporation Ltd issued by scheduled bank other than co-operative bank and payable at Chennai for INR payment and at Mumbai for USD payment. The payment of tender document charges, in any other form, shall not be accepted.

8.0 Bidder can download the Bid Document from MECON’s Website

www.meconlimited.co.in or HPCL’s Website http://www.hindustanpetroleum.com.

http://www.meconlimited.co.in/

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 to consider the bid.

Notes: • The bidder should make a request, on their company’s Letter-Head, for issue of

tender document. • The tender document is not transferable and the cost of the tender document is

non-refundable. • It may be noted that issuance of tender document does not imply that the bidder is

prequalified. The documents in support of Bidder Qualification Criteria and other relevant details, submitted along with the bid, shall be reviewed in detail during the course of techno-commercial evaluation of bids.

• In case any intending bidders requests MECON, to send the tender document by

post, MECON is not responsible for delay in receipt of the request by MECON and / or the tender document by the bidder, due to any reasons, including postal delays.

9.0 EMD: The EMD for Rs. 2,20,000.00 (Rupees Two Lakhs twenty thousand only) or

US$ 5000.00 (Five Thousand US dollars only) shall be paid in the form of a Demand Draft, in favour of Hindustan Petroleum Corporation Limited, payable at Chennai for INR payment or at Mumbai for USD payments. EMD can also be submitted in the form of Bank Guarantee as per the format attached to the tender document by a Scheduled Bank in India (other than co-operative banks) and valid for Six months from the date of opening of the unpriced bid/ extended due date if any. The Bank Guarantee shall be non revocable bank guarantee. All Foreign Bank Guarantees will be confirmed by a bank located in India acceptable to the Corporation.

Notes: (a) Tenders received without Earnest Money Deposit (EMD) will be rejected. (b) Indian Public Sector Enterprises (PSE) are exempted from submitting the EMD,

subject to furnishing of the declaration to that effect.



(c) Units registered with National Small-scale Industries Corporation (NSIC) in India, for similar works, are also exempted from submitting EMD, subject to furnishing of a copy of valid registration certificate. The Registration certificate should remain valid during the period of the contract that may be entered into with such successful bidder. Such tenderers should ensure validity of the Registration certificate for this purpose and the certificate should clearly mention the exemption for jobs of similar nature.

10.0 The Integrity Pact duly signed by the authorized official of HPCL and the

Contractor will form part of this contract / Purchase order. The bidder shall comply with the requirements of the Integrity Pact. Pro-forma of Integrity Pact , which is issued along with the bidding document shall be returned by the bidder along with technical bid, duly signed by the same signatory who signs the bid i.e. who is duly authorized to sign the bid. All the pages of the Integrity Pact shall be duly signed by the same signatory. Bidder’s failure to return the Integrity Pact along with the bid, duly signed, shall lead to outright rejection of such bid. If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact, HPCL shall be entitled to demand and recover from bidder, Liquidated damages amount by forfeiting the EMD/Bid security (Bid Bond) as per provisions of Integrity Pact. If the contract has been terminated according to provisions of the Integrity Pact, or if HPCL is entitled to terminate the contract according to provisions of Integrity Pact, HPCL shall be entitled to demand and recover from the Contractor liquidated damagesamount by forfeiting the Performance Bank Guarantee / Security Deposit as per Integrity Pact.

11.0 Price preference: Price preference shall be considered for units registered with

NSIC inIndia, as per the prevailing government guidelines, rules & regulations, as applicable.

12.0 Grievance Redressal: There is a Grievance Redressal Mechanism in HPCL

Corporation for vendors, participating in the tender, the details of which are available on HPCL website www.hindustanpetroleum.com.

13.0 Sealed Bids to be received at the office of AGM (CONTRACTS) MECON

LIMITED, 89, SOUTH END ROAD, BASAVANAGUDI, BANGALORE, KARNATAKA, INDIA on or before 18/08/2011, 15.00 Hrs IST.

(a) Techno-commercial part of the Bids shall be opened 18/08/2011 at 15.30 Hrs IST,

in the presence of authorized representatives of bidders. Time and date of opening

http://www.hindustanpetroleum.com/



of Price Bids shall be notified to the qualified and acceptable bidders at a later date.

(b) Bids not received by the due date and time, shall not be considered and

representatives of such bidders shall not be allowed to attend the bid opening. (c) Telex / Telegraphic / Fax / E-mail bids shall not be accepted. 14.0 Vendor shall provide a declaration that they have not been banned or delisted by

Government or Quasi Government agencies or PSUs in India. 15.0 HPCL/MECON shall not be responsible for any expense incurred by bidders in

connection with the preparation & delivery of their bids, site visit and other expenses incurred during the bidding process.

16.0 HPCL/MECON reserves the right to reject any or all Bids without assigning any

reason, whatsoever. 17.0 The contents of this NIT shall prevail, in case of any contradiction with the clauses

mentioned elsewhere. 18.0 For any updation / amendment to the tender, bidders are requested to check at

HPCL website www.hindustanpetroleum.com or MECON website www.meconlimited.co.in by frequently visiting the site, for any changes during tender participation. No corrigendums would be given through public advertisement. Website updation to be treated as a part of tender document

19.0 PRE – BID MEETING 19.1 The bidder or his authorised representative (s) (limited to two persons only) is

advised to attend a pre-bid meeting as per details given in Notice Inviting Tender. The purpose of the meeting will be to clarify, issue and to answer questions on any matter that may be raised at that stage by the bidders.

19.2 The bidder is requested to submit any queries /clarifications / information

pertaining to the bidding document in writing delivered by hand or by fax so as to reach MECON Bangalore Office not later than the date specified in the Notice Inviting Tender.

19.3 The Owners response to the bidders’ queries /clarifications/information will be

furnished as expeditiously as possible to all who have purchased the bidding



document / to those who have downloaded the document. Any modification of the bidding document which may become necessary as a result of the pre-bid meeting/conference shall be sent to all bidders through the issue of an Addendum/Amendment in website.

20.0 Fax: 0091-80-2657 6352

Telephone 0091-80 –2657 6442 / 2625 2105

Email: [email protected]

Address:

Assistant General Manager MECON Limited, No. 89, South End Road, Basavanagudi, Bangalore - 560 004. India

AGM (Contracts) MECON Limited, Bangalore



ANNEXURE – II

INSTRUCTION TO BIDDERS FOR








1.0 INTRODUCTION: a. Hindustan Petroleum Corporation Ltd. also called HPCL (herein referred to as

‘Purchaser’) wishes to receive bids against the subject tender document for the subject job.

b. For the purpose of this document, the words ‘Owner’, ‘Purchaser’, ‘HPCL’,

‘Corporation’ have been used interchangeably and would mean same in the expressionand intent in proper context. Also the words ‘Bidder’, ‘Tenderer’, ‘Contractor’, and ‘Vendor’ have been used interchangeably and would mean same in expression and intent in proper context.

c. This is only a Price enquiry and not a commitment from HPCL/MECON. d. Bidders who are interested to submit their bids are requested to submit a letter as

per the format in Annexure XIII to AGM (CONTRACTS), MECON LIMITED, BANGALORE, Phone No.: 0091-80 26576442 / 26252105 FAX NO.: 0091-80 26576352 informing their interest of participation in the tender.

2.0 COST OF BIDDING:

The bidder shall bear all costs associated with the preparation and delivery of its bid and the OWNER will in no case be responsible or liable for those costs irrespective of the outcome of the bidding process.

3.0 INSTRUCTIONS REGARDING SUBMISSION OF BIDS: 3.1 BID SHALL BE SUBMITTED UNDER 2-BIDS SYSTEM as follows : 3.1.1 PART – I - EMD + Tender fees shall also form part of this Part-I (in case

Vendor downloads the Tender Documents from HPCL/MECON’s website)

PART – II - UNPRICED BID (UN-PRICED TECHNO-COMMERCIAL BID: [1 ORIGINAL + 1 IDENTICAL COPY] + PRE-QUALIFICATION CRITERIA DOCUMENTS & INTEGRITY PACT)

3.1.2 PART-III - PRICED BID



3.2 Your offers should be submitted in a sealed envelope.

3.2.1 The following information shall be CLEARLY MENTIONED ON THE TENDER COVERS:

i. TENDER ENQUIRY NO : MEC/23KM/T-33/11000024

ii. TITLE OF THE TENDER: Design, Supply, Installation, testing and commissioning of Aluminium Internal Floating Roof (Non Contact Type) at Ennore Terminal Project, HPCL

iii. DUE DATE : 18.08.2011@ 15.00 Hrs IST

3.2.2 In case the above information is NOT mentioned on the envelope then the

quotation shall not be considered. 3.3 The bids prepared by the bidder, all correspondences and documents relating to

the bids, exchanged by the bidder with HPCL/MECON, shall be written in English language only.

3.4 Bidders are requested to quote all the relevant information like taxes and duties,

delivery period, and all other information as sought in the applicable columns in tender in the unpriced bid format supplied as part of Tender Document.

3.5 Bidders are to quote the price only in the price format. 3.6 TENDER DOCUMENTS PROVIDED BY MECON SHOULD BE SIGNED,

STAMPED AND ATTACHED ALONG WITH UNPRICED OFFERS AS A TOKEN OF ACCEPTANCE

3.6.1 PART–I: EMD & TENDER FEES (shall also form part of this Part-I, in case Vendor

downloads the Tender Documents from HPCL/MECON’s website).

PLEASE SUBMIT THE ABOVE PART-I IN A SEPARATE SEALED COVER SUPERSCRIBING THE COVER WITH TENDER NO., DUE DATE & PART-I (EMD & TENDER FEES).

3.6.2 PART-II: UN-PRICED TECHNO-COMMERCIAL BID – 1 ORIGINAL + 1

IDENTICAL COPY + PRE-QUALIFICATION & INTEGRITY PACT. ORIGINAL + 1 COPY (write on the cover clearly PART-II, UNPRICED BID – 1 ORIGINAL + 1



IDENTICAL COPY, PQC & IP). This part should be submitted in a sealed envelope and should contain one original and one copy of the following documents:

i. Techno-commercial / un-priced offer along with all details / duly filled in

formats sheets of the tender. ii. Signed & stamped copy of Annexure-IV indicating schedule of quantity ONLY.

Bidder to write “QUOTED” in Unit rate/Total price columns (NO PRICE OR TOTAL VALUE TO BE INDICATED).

iii. All the columns of the format for COMMERCIAL TERMS AND CONDITIONS

duly filled in, signed & stamped by you, as your acceptance to the terms & conditions stipulated therein (Annexure-VII or Annexure-VIII as applicable).

iv. List of stipulations / deviations to the tender if any to be filled in THE

DEVIATION SHEET ONLY, referring the relevant Clause Nos., as a separate attachment, by clearly drawing clause by clause references with respect to various sections of tender documents.

v. Pre-Qualification (PQC) Documents: All documents related to PQC (Refer Annexure-III) shall be enclosed in this envelope (Part II).

vi. Integrity Pact (IP): Integrity Pact shall be enclosed in this envelope(Part II).

Notes:

a. The stipulations / deviations mentioned else where shall not be considered.

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

c. HPCL/MECON reserves the right to complete the evaluation based on the details furnished without seeking any additional information. It is the bidders’ responsibility to furnish unambiguous bids.

d. The unpriced bid should not contain any price. In case prices are found in this bid, your bid will not be considered for evaluation & will be summarily rejected.



3.6.3 PART-III: PRICED BID in a sealed envelope ONLY ORIGINAL (NO COPIES) TO BE SUBMITTED (WRITE ON THE COVER CLEARLY “PRICE BID - DO NOT OPEN” along with Tender No.). This part too, should be submitted in a sealed envelope AS MENTIONED IN TENDER WITH ALL PRICES DULY FILLED-IN, FIGURES AND WORDS IN RELEVENT COLUMNS AND TO BE SIGNED & STAMPED.

Notes: i. Prices shall be quoted only in Indian Rupees in-case of Indian bidders and in

foreign currency (USD, Euro) in-case of foreign bidders as applicable. ii. The bidder shall quote strictly as per format, given in the tender document

(Schedule of Quotation-Annexure IV). iii. Prices quoted in any other format, would make your quotation liable for

rejection. iv. The bidder shall fill the price schedule in figures as well as in words. v. If some discrepancies are found between the quoted rates by bidders given in

words and figures of the amount in the tender, the following procedure shall be applied:

(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 abovethe rate as quoted in words shall be adopted.

vi. The prices quoted by the bidder shall remain firm and valid till complete execution of thecontract.



vii. No escalation in the prices, due to any reasons, whatsoever, would be considered.

viii. It may be noted that Income tax at the prevailing rate will be deducted from

contractor’s bill as per the prevailing Income Tax Act. ix. There shall not be mention of any condition in the Priced bid. Any

condition if mentioned in this part i.e. the Priced Bid shall make the offer liable for rejection.

x. There is no need to submit the entire set of tender document along with price bid

please submit ONLY PRICE FORMAT. xi. All the three sealed envelopes (one containing the EMD + Tender fees i.e.

PART-I, one containing unpriced Techno-commercial bid along with the PQC & IP i.e. PART-II and the other containing the Priced bid i.e. PART-III), should then be placed in one common envelope sealed and superscribe the same with “Tender No: MEC/23KM/T-33/11000024 for Design, Supply, Installation, testing and Commissioning of Aluminium Internal Floating Roof Tender ( Non Contact Type ) at HPCL, Ennore Terminal Project Due on 18/08/2011 : 15.00 Hrs IST” and name of the bidder and should be submitted at:

Shri. V IMAYAVARAMBAN AGM (CONTRACTS) MECON LIMITED, No.89, South End Road, Basavanagudi, BANGALORE, INDIA PH. NO.: 0091-80 2657 6442 / 2625 2105 FAX NO.: 0091-80 2657 6352 E-mail: [email protected]

4.0 OPENING OF BIDS: 4.1 The un-priced bids will be opened on the due date 18/08/2011, 15.30 Hrs IST, in

the presence of authorized representatives of the participating bidders, accordingly bidders are requested to attend the un-priced bid opening.



4.2 Sequence of Opening: First, the envelope super scribed with PART-I shall be opened. After verification and establishing correctness of all the enclosures of PART-I i.e. EMD/tender fees as applicable, the 2nd envelope super scribed with PART-II shall be opened. After verification, establishing correctness of the enclosures i.e. IP/PQC and after establishing technical acceptability of the unpriced techno-commercial offers, the 3rd envelope super scribed with PART-III i.e. the priced offers of only techno-commercially acceptable bidders shall be opened.

4.3 The time and date for opening of the priced bids shall be intimated, subsequently,

only to the techno-commercially acceptable bidders. The opening can be witnessed by the bidders/ authorized representatives of such bidders.

4.4 The bidder’s representative must carry an authorization letter on their company’s

letter head and will be required to sign in a register at MECON, for their attendance.

5.0 DELIVERY PERIOD:

5.1 SUPPLY – 12 WEEKS FROM THE DATE OF FOI/PO whichever is earlier. 5.1.1 For foreign bidders: Delivery shall be 12 weeks from date of LOI/PO

whichever is earlier. Date of Bill of Lading shall be considered as date of delivery.

5.1.2 For Indian bidders: Delivery shall be 12 weeks from date of LOI/PO

whichever is earlier. Date of LR shall be considered as date of delivery 5.2 INSTALLATION, COMMISSIONING - 06 WEEKS FROM THE DATE OF

HPCL/MECON INTIMATION.



6.0 PROGRESSIVE PAYMENT TERMS 6.1 For Foreign Bidders 6.1.1 SUPPLY PART 6.1.1.1 65% ON SUPPLY AT FOB PORT OF SHIPMENT BASIS ONLY 6.1.1.2 35% AFTER SATISFACTORY INSTALLATION, COMMISSIONING,OF THE

SYSTEM AT HPCL ENNORE TERMINAL PROJECT SITE 6.1.2 INSTALLATION & COMMISSIONING 6.1.2.1 100% AFTER SATISFACTORY INSTALLATION, COMMISSIONING AT HPCL

ENNORE TERMINAL PROJECT SITE 6.1.3 OTHER CHARGES 6.1.3.1 100% UPON RECEIPT OF MATERIALS AT SITE ALONG WITH VALID

DOCUMENTS 6.2 For Indian Bidders 6.2.1 SUPPLY PART 6.2.1.1 90% AFTER DELIVERY OF MATERIALS AT HPCL PROJECT SITE AND

AFTER COMPLETION OF PHYSICAL VERIFICATION/CONFIRMATION OF THE RECEIPT BY VENDORS’S REPRESENTATIVE AT HPCL SITE

6.2.1.2 10% AFTER SATISFACTORY INSTALLATION, COMMISSIONING, OF THE

SYSTEM 6.2.2 INSTALLATION & COMMISSIONING 6.2.2.1 100% AFTER SATISFACTORY INSTALLATION, COMMISSIONING



Note:

i. Methodology of payment:

a) 75% of the bill amount duly recommended by user (HPCL) shall be paid in 7 days after receipt of bill and materials.

b) Balance 25% to be paid after verification / certification in 15 days of receipt of bill and materials.

c) In any case, the final bill payment should not exceed 30 days.

ii. For Foreign Bidder:-

a) Payments as above shall be made through Wire Transfer. Foreign Bidder shall provide their Banker details in their offer.

b) If PBG is not received then 90% of the payment as per the payment terms shall be made through wire transfer & the remaining 10% shall be released after the receipt of Performance Bank guarantee in the enclosed Proforma for 10% of PO value in favour of HPCL valid for the guarantee period plus one month.

c) The PBG has to be issued by any scheduled/ nationalized bank other than co-operative banks. The PBG, if issued by any overseas bank, must be confirmed by any bank located in India acceptable to the corporation.

7.0 SCHEDULE OF QUOTATION: 7.1 To be submitted as per Annexure – IV 8.0 COMMUNICATION 8.1 Technical Clarifications, if any, can be obtained from the following :

• Shri. A.N Bhattacharya, DGM – POL Projects & PC, MECON Limited, No.89, South End Road, Basavanagudi, Bangalore, India. Phone no : 0091-80 26565005 / 2625 2188 Fax: 0091-80 2657 6352

• Shri. Y V N Sarma, DGM – Ennore Project, HPCL, Chennai Phone No.:0091-44

65151826, Fax: 0091-44 24455483.



8.2 The vendor shall identify the designated Project Manager for executing the contract and inform the person identified during Kick off meeting (KOM) after award of contract. A power of attorney to be submitted in original by the authorized designate of the company in the name of identified project manager, authorizing him /her to sign all contract documents & bills in favour of their company.

8.3 The detailed organization structure for this contract shall be provided to

HPCL/MECON during KOM. 9.0 EVALUATION OF BIDS: 9.1 After ensuring that the submitted EMD’s and TENDER FEE’s are in order (as per

the tender terms), the integrity pact, pre-qualification bids & the unpriced Technical commercial bids of those tenderers only shall be considered for opening.

9.2 Upon evaluation of the integrity pact and pre-qualification criteria submitted,

successful bidders only shall be considered for further evaluation of unpriced Technical-commercial Bids.

9.3 The price bid of techno-commercially qualified bidders only shall be considered for

opening and for further evaluation. 10.0 LIQUIDATED DAMAGES: 10.1 SUPPLY PART 10.1.1 In case delay in supply, prices will be reduced @ 0.5% per week of the total

basic value of the P.O. subject to a maximum of 5% of the total basic value of the P.O.

10.2 INSTALLATION, COMMISSIONING: 10.2.1 In case delay in installation & commissioning, prices will be reduced @ 0.5% per

week of the basic PO value subject to a maximum of 5% of the total basic value of the P.O.

11.0 VALIDITY OF OFFER. 11.1 The offer shall be valid for a period of 120 days from the tender due date.



12.0 GUARANTEES AND LIABILITIES: 12.1 As per (GCC – Annexure V): Refer Clause-5.n

13.0 SPECIAL CONDITIONS OF CONTRACT: Annexure – VI

14.0 AGREED COMMERCIAL TERMS & CONDITIONS FOR FOREIGN BIDDERS Annexure VII

15.0 AGREED COMMERCIAL TERMS & CONDITIONS INDIAN BIDDERS- Annexure

VIII 16.0 INTEGRITY PACT AGREEMENT – Annexure IX 17.0 EARNEST MONEY DEPOSIT FORMAT – Annexure X 18.0 PERFORMANCE BANK GURANTEE FORMAT – Annexure XI 19.0 E-MANDATE - Annexure XII 20.0 VENDOR’S INTIMATION FOR PARTICIPATION IN TENDER - Annexure XIII 21.0 PERFORMANCE BANK GURANTEE 21.1 Vendor shall furnish performance bank guarantee for 10% of the total PO value of

supply, Installation and Commissioning issued by scheduled banks (other than cooperativebanks) as per the HPCL format which shall be valid for the guarantee period plus one month. The Bank Guarantee shall be non revocable bank guarantee. All Foreign Bank Guarantees will be confirmed by a bank located in India acceptable to the Corporation.

22.0 RIGHT TO ACCEPT / REJECT THE BID: 22.1 HPCL/MECON reserves the right to accept / reject any or all the bids including the

lowest bid without assigning any reason whatsoever. The decision of HPCL/MECON shall be final and no correspondence will be entertained in this regard.



CHECKLIST FOR FILLING AND SUBMITTING ALONG WITH BIDS

Please read carefully and ensure / confirm the following before submitting the bids.

1. Please submit ONLY HPCL/MECON supplied tender documents duly filled in and do not attach other papers unless otherwise asked for.

SI NO ITEM TICK MARK 1 STUDIED THE ENTIRE TENDER DOCUMENT

2 SIGNED AND STAMPED ALL THE PAGES OF TENDER DOCUMENTS

3A

PART-I – ENCLOSE EMD IN A SEPARATE SEALED COVER AND SUPERSCRIBE THE COVER WITH TENDER NO., DUE DATE & PART-I (EMD & TENDER FEES). Tender fees shall also form part of this PART-I, in case Vendor downloads the Tender Documents from HPCL/MECON’s website.

3B

FOLLOWING IS MENTIONED ON THE EMD &TENDER FEES COVER. PART-I, EMD + TENDER FEES (if applicable) TENDER NO: MEC/23KM/T-33/11000024 TITLE: Design, Supply, Installation and Commissioning of Aluminium Internal Floating roof ( Non Contact Type ) DUE DATE : 18/08/2011, 15.00 Hrs IST

4

PART-II - ENCLOSE FILLED UP UNPRICED BID - 1 ORIGINAL + 1 IDENTICAL COPY (All the tender documents (except priced part) stamped & signed) along with the PRE-QUALIFICATION CRITERIA DOCUMENTS & INTEGRITY PACT SHALL ALSO FORM PART OF THIS PART-II.

4A

FOLLOWING IS MENTIONED ON THE UNPRICED BID COVER. PART-II, UNPRICED BID 1 ORIGINAL + 1 COPY, PQC & IP TENDER NO: MEC/23KM/T-33/11000024 TITLE: Design, Supply, Installation and Commissioning of Aluminium Internal Floating roof ( Non Contact Type ). DUE DATE : 18/08/2011 , 15.00 Hrs IST



5

PART-III: FILLED UP PRICED BID in a sealed envelope ONLY ORIGINAL (NO COPIES) TO BE SUBMITTED (WRITE ON THE COVER CLEARLY “PART-III: PRICE BID - DO NOT OPEN”) ONE PRICED BID ORIGINAL ONLY (I.E NO COPIES) AND PUT INA SEPARATE COVER & SEALED-PLEASE MENTION “PRICED BID-DO NOT OPEN” ON THE COVER of PART III.

5A

YOU HAVE MENTIONED ALL TAXES, DUTIES AND OTHER LEVIES AS APPLICABLE IN YOUR UNPRICED AND PRICED BID CLEARLY IN TERMS OF PERCENTAGE OR IN TERMS OF RUPEES.

5B

FOLLOWING IS MENTIONED ON THE PRICED BID COVER.PART III, PRICED BID 1 ORIGINAL, DO NOT OPEN: TENDER NO: MEC/23KM/T-33/11000024 TITLE: Design, Supply, Installation and Commissioning of Aluminium Internal Floating roof ( Non Contact Type ) at Ennore Terminal project, HPCL/MECON

DUE DATE : 18/08/2011, 15.00 Hrs IST

6 ALL FIGURES AND WORDS OF PRICES ARE WRITTEN LEGIBLY, CORRECTIONS ARE INITIALED.

7

ALL THE THREE COVERS (PART I, PART II & PART III) OF EMD, TENDER DOCUMENT FEE, INTEGRITY PACT, PREQUALIFICATION, UNPRICED BID AND PRICED BID ARE PUT IN A BIGGER COVER AND SEALED.

8

FOLLOWING IS MENTIONED ON THE MAIN COVER. TENDER NO: MEC/23KM/T-33/11000024 TITLE: Design, Supply, Installation and Commissioning of Aluminium Internal Floating roof ( Non Contact Type ) DUE DATE 18.08.2011, 15.00 Hrs IST



9 YOUR BID DOES NOT CONTAIN ANY PRECONDITIONS.

VENDOR’S NAME

NAME OF THE AUTHORISED SIGNATORY

DESIGNATION OF THE AUTHORISED SIGNATORY

E-MAIL ADDRESS OF THE AUTHORISED SIGNATORY

E-MAIL ADDRESS OF THE ALTERNATE CONTACT PERSON

MOBILE NUMBER OF THE AUTHROSIED SIGNATORY

TELEPHONE NUMBER OF THE VENDOR

FAX NUMBER OF THE VENDOR

INTERNET WEB SITE ADDRESS (URL) OF THE VENDOR

DECLARATION BY THE TENDERER The Terms & conditions mentioned in the Tender Enquiry, mentioned above, are acceptable to us. We have submitted our offer accordingly.



Technical/Commercial Deviations: We have NOT taken any Deviations and we will supply the materials as per the details mentioned in Tender Enquiry, mentioned above, in toto. We have taken certain technical deviations, which have been listed by us, separately (Please Attach deviation statement as Annexure-** with your offer). Declaration regarding ban / delisting: We, hereby, declare that we have NOT been banned or de-listed by any government orquasi-government agencies or PSUs in India. We, have been banned or de-listed by the following government / quasi-government agencies, PSU in India: ____________________________________________________________ • (In case this declaration is not given your offer will be considered as non-responsive and is liable for rejection)

----------------------------------------------------------- (Signature & Stamp of the Authorized Signatory)

• (Please put ‘√’, whichever is applicable & put ‘x’, whichever is not applicable)



(Name & Designation of the Authorized Signatory)

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

(Phone Number )

----------------------------------- (Mobile Number)

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

(Fax Number)

-------------------------------- (e-mail id)



ANNEXURE – III

PRE‐QUALIFICATION CRITERIA FOR

Design, Manufacturing, Supply, Installation, testing

and commissioning of

Aluminium Internal Floating Roof System (Non-Contact Type) at

Ennore Terminal Project

Of M/s Hindustan Petroleum Corporation Limited

Chennai, India



BIDDER PRE-QUALIFICATION CRITERIA 1.1 Bidder during the previous 7 years ending 30.06.2011 shall have completed the

design, fabrication, supply and installation of “Aluminium Floating Roofs of Storage Tanks for Hydrocarbon Fluid of 18 mtr. dia or above”. The job should have been executed and completed in this period in India and / or abroad and should have been in operation for 1 year. Satisfactory operation / performance certificates from the client for the location shall be enclosed.

1.2 Average Annual Turnover: shall meet the minimum prescribed bid qualification

requirement as per the audited financial results during the last three financial years (2007-2008, 2008-2009, 2009-2010) of Rs. 33.00 lakhs or USD 75,000.

1.3 Networth as per the latest audited financial statement shall be positive for the financial year 2009-2010. Central Public Sector Undertakings / Enterprises are exempted from this clause.

1.4 Bidders shall pre-qualify only if they meet all the prescribed requirements given above

2.0 The Vendor shall provide the complete documentary evidence duly attested by notary for the following in support of Bidder Pre-Qualification Criteria.

2.1 For (A. Technical) Clause no.1.1, as Under 1) Purchase Orders (notary required) 2) Job Completion Certificates and experience of performance for jobs issued by

the clients (notary required) 3) Experience details duly filled in following format (for this notary is not required).

SI. No. Name of the Client

Name & Location of the Project

Brief Description of the Project

Value of the Jobs

Documents Submitted (PO Copy&Completion certificate)-(Y/N)

1 2 3 4 5



2.2 For (B. Commercial) Clause no. 1.0, as under

1) Audited balance sheets of financial years 2007-08, 2008-09 and 2009-10. In case the balance sheet is finalized on calendar year basis, the balance sheets of the following years needs to be submitted: 2008, 2009 and 2010

2) Annual Turnover details duly filled in the following format Financial Year 2007-2008 2008-2009 2009-2010 Annual Turnover 3.0 WHO CAN BID:

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

a) Controls either directly or indirectly a party, or b) Which is controlled directly or indirectly by a party; or c) Is directly 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 decision of the controlled entity.

4.0 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.



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

a) The sole bidder (including an incorporated JV which has completed 3 financial

years after date of commencement of business) shall fulfil each eligibility criteria.

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

c) In case of bidder(s) is / are a consortium (including an unincorporated JV), then the

following conditions shall apply: 1) Each member in a consortium may only be a legal entity and not an individual

person; 2) The bidder 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 fulfil each eligibility criteria; 7) A commitment shall be given from each of the consortium member in the form

of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member’s commitment to perform all relevant



tasks and obligations in support ofthe 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-qualifications, without the prior written permission of the owner.

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

10) No consortium member shall hold less than 25% stake in aconsortium; 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 fulfil each eligibility criteria. If such foreign company desires that the contract be entered in to with the Indian arm, then proper back to 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 work in all respects and as per the warrantees/ 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 under taking to provide all necessary technical and financial support to the contract when awarded, an undertaking not to withdraw from the contract till completion of the work, etc.

6.0 Note to Vendors: Offers of Bidders failing to submit the prescribed documents in

support of the above prequalification criteria shall be liable for rejection.



ANNEXURE – IA

TECHNICAL SCOPE OF WORK & SPECIFICATION

For








CONTENTS

CLAUSE NO. DESCRIPTION

1 Intent of Project

2 Detailed Scope of Work

3 Design, Fabrication & Erection

4 Coordination with other Agencies

5 Inspection and Quality Control

6 Proven Track Record

7 Details and drawings to be furnished along with the tender

8 Details to be furnished by the successful tenderer

ANNEXURE -I QUALITY ASSURANCE PLAN



HPCL wishes to award a contract on vendor with single point responsibility for carrying out the above titled job in totality as follows:

1.0 INTENT OF SPECIFICATION

1.1 It is proposed to provide Aluminium Internal Floating Roof (Non Contact Type) inside the Fixed Roof Tank (ATF service, 24 m dia x 15 m height 4 Nos. and 1 No. of MTO tank 10 m dia x 8 m height) to minimize breathing losses and thereby reduce the overall Hydrocarbon loss from the Refinery/Terminal.

1.2 It is desired that the provision of Aluminium internal Floating Roof shall have minimum impact on safe filling capacity of the Tank.

2.0 SCOPE OF WORK

2.1 GENERAL

The scope of work of the tenderer shall include the following but not limited to

a) Complete design b) Selection of materials c) Preparation of drawings d) Internal Floating roof calculations e) Detailed engineering f) Supply and obtaining approvals of MECON / HPCL/MECON. g) Transportation and storage at site h) Fabrication i) Installation j) Erection k) Inspection & Testing l) Commissioning of the Aluminium Internal Floating roof System for ATF tanks

inclusive of all accessories, to the satisfaction of HPCL/MECON.

2.2 DETAILED SCOPE OF WORK

2.2.1 The complete work shall be done in compliance with API 650 Appendix H section H.2.2.e.

2.2.2 The tenderer shall also carry out the jobs that are not specifically mentioned in this specification here but required for successful completion of the job in all respects as per the standards, drawings and codes. Loading, handling and transportation of all materials from supply point / store at work site / Contractor’s store as per the requirement of the job.



2.2.3 Procurement and supply of materials and consumables as required for the job. Design, Supply, fabrication and erection of Internal floating roof structures, ladder, anti-rotation and centering devices, Floating roof Man-holes, foam dams etc. The components for the Internal floating roof shall pass through the roof or shell manhole (600 mm) and no separate approach is envisaged.

2.2.4 The IFR shall be fabricated in such a way that it doesn’t hamper the location of the shell and roof appurtenances. The IFR shall be provided with double seals with minimum vapour recovery of 96% as per CPCB norm. The Aluminium Internal Floating Roof System shall be offered along with indicative reduction in Hydro Carbon loss compared to existing Fixed Roof Tank and after converting to fixed cum floating roof. This shall be as per API approved procedure.

2.2.5 The internal Floating Roof should have easy access for operation and maintenance. Vendor should indicate maintenance procedures, in case of replacement and repairs, suitable corrosion gauges shall be furnished. Complete description and Technical details in the form of manuals including detailed operating and maintenance procedures shall be made available. Vendor shall arrange to attend the entire check list / punch list jobs arising out of pre-commissioning activities.

2.2.6 Vendor to ensure that no where Aluminium should come in contact with tank carbon steel surfaces. Aluminium shall be isolated from carbon steel by an austenitic stainless steel spacer, an elastomeric bearing pad, or equivalent protection.

2.2.7 All conductive surfaces of the roof must be electrically connected and bonded to the shell either by electrical shunts in the seal. Any Floatation compartment that is completely shop-fabricated or assembled in such in a manner as to permit leak testing at the fabricating shop shall be leak tested at the shop as well as retested in the field by floating roof erector for all accessible seams. Roof floatation test for floating roof shall be carried out as per Code.

2.2.8 Design, supply and installation of internal floating roof sealing device and its accessories. Primary and secondary seals shall be provided for internal floating roof as per Appendix H.

2.2.9 Clearing job sites of all surplus material, debris, scrap, construction, equipment etc. as per directions of Engineer-in-charge. Accomplishment of any other item of work required for making the storage tank ready for commissioning.



2.2.10 Complete Design calculations of the Internal floating roof calculations for complete roof buoyancy, stability, tilting, leg supports, bleeder vents etc. shall be submitted to HPCL/MECON for approval.

2.2.11 Any work not conforming to the execution drawings, specifications or codes shall be rejected forthwith and the contractor shall carry out the rectification at his own cost.

2.2.12 Inspection and Acceptance of works shall not relieve the contractor from any of his responsibilities under this contract.

2.2.13 Necessary safety equipment such as safety belts, helmet, etc., and other safety instruments are to be positioned by the contractor and the same shall be used by the work force as per work requirement. The contractor has to enforce the same.

2.2.14 Vendor to CHECK actual site condition of Tank for any possible oval shape / out of verticality etc. in the tank before proceeding with actual design.

3.0 Design:

3.1 The following design basis data shall be used for designing the Aluminium Internal Floating Roof System:

SI. NO. DESCRIPTION DETAILS

1 Tank No. T15, T16, T17, T18, T20

2 Tank Shell Welded

3 Roof Type Internal Floating Roof

4 Service ATF 4 Nos. & MTO 1 No.

5 Tank Dia / Height 24 m dia X 15 m Ht. for ATF & 10 m dia X 8 m Ht. for MTO

6 Safe Filling Height 14 m for ATF & 7 m for MTO

7 Density @ 15 deg.C 0.84

8 Tank Capacity 6,100 KL (ATF) & 5,110 (MTO)

9 True Vapor Pressure @ 38 deg.C (kg/ cm2) 0.3



10 Temperature Minimum / Average / Maximum 20 / 30 / 40 deg.C

11 Pumping in rate / tank loading rate 2000 KL/ Hr (ATF) & 100 KL/ Hr (MTO)

12 Pumping out / tank emptying out 750 KL/ Hr (ATF) & 72 KL/ Hr (MTO)

3.2 The aluminium pontoon type Internal Floating Roof shall be of non-contact type as per API 650 Appendix H section H.2.2.e (Latest Edition) with a point load of 500 psf (min). Aluminium Floating Roof to be designed for a minimum of 100% excess buoyancy at the specified specific gravity of the liquid stored.

3.3 Pontoon Type roof shall be considered for design. Pontoon diameter to be 200mm/250mm with minimum wall thickness of 1.3mm and UTS Min.22Ksi.

3.4 Wherever roof legs of the Internal Floating Roof lands on the tank bottom, SS

Shoes is to be provided. 3.5 All internal floating roofs shall include buoyancy required to support at least twice

its dead weight (including the weight of the floatation compartments, seals and all other floating roof and attached components), plus additional buoyancy to offset the calculated friction exerted by peripheral and penetration seals during filling.

3.6 Aluminium Internal Floating Roof System should have all the features including

the following:

a) Gauge wells b) Column negotiators c) Earthing and anti-rotation cable d) Deck breather valve e) Manway Approach to top of deck

3.7 Aluminium shall be as per API 650 Appendix AL Thickness of Aluminium Sheet of

Deck should be minimum 0.6 mm with UTS min 38 KSI. 3.8 The Deck Skin Splices will have a nominal lap of 30 mm with Spacers and Butt

Straps (Clamp Beams) to develop a metal-to-metal vapour tight joint and full tear out strength. Spacer and Butt Strap (Clamp Beams) layout will be symmetrical on both the axis and the spacing between the fastenings bolts will not be more than 300 mm.



3.9 The IFR fabrication shall be performed by mechanics and welder skilled and experienced in aluminium IFR fabrication.

3.10 Extruded Sections like Deck-Holding Clamps (Spacers and Butt Straps),

Peripheral Float Clips, and Peripheral Spacer Clips etc. will be made out of AA-6061 / AA-6063 / AA-6065 T5 or T6 with minimum UTS of 38 KSI.

3.11 Pontoon holding extrusion flange to be of min 3.2mm thick with UTS Min 38KSI.

250 mm diameter Pontoons will have a saddle of 100 mm wide with a contact angle of minimum 100 Degrees.

3.12 The Peripheral /Rim section and end plates supporting the pontoons should be

3mm thick AA 5052 material with UTS minimum 33 KSI. 3.13 Pontoon end caps should be 3mm thick and have an overlap of 15mm on the

pontoon and welded. 3.14 Pontoon end gusset plates (Pontoon joining plates) to be fully welded on both

sides onto the pontoon end cap. Pontoon joining plates should be AA 5052 material with min 3mm thick with minimum UTS 33KSI.

3.15 The Leg support will be adjustable with an operating level setting as required by

HPCL/MECON and maintenance level of 2000 mm for the Deck Skin when the Roof is on its Leg Support. The Legs are held through the Leg Sleeve and are accessible from the top of the Deck.

3.16 All nuts and Bolts to be in Stainless Steel 18-8 Material. 3.17 Minimum thickness of the neck of the deck appurtenances like manholes, column

negotiators to be 2mm thick and the necks will project minimum 150mm below the liquid level. All Appurtenances like Manhole, Bleeder Vents, Float Well etc. shall be provided with Gaskets / Soft Edging to minimize the Vapour Emission.

3.18 The IFR shall be designed and built and rest in a uniform horizontal plane. 3.19 Aluminium Internal Floating Roof should be so designed that the existing Tank

Auto Gauging System shall be accommodated and its functioning should not be affected.

3.20 Aluminium Internal Floating Roof should not affect safety and present working of Tank and other Tank accessories.

3.21 Foam Dam with minimum thickness of 1.2mm and height 300mm to be provided

at the Rim Seal area.



3.22 6 mm dia SS 304 Anti Rotation device and 3MM dia SS304 wire Anti Static device to be provided with the Aluminium Floating roof system.

3.23 The floating roof shall be designed such that the same shall remain afloat even in

the event of puncture in 2 adjoining pontoons. 3.24 Adjustable legs with 2 level settings to be provided. 3.25 A vapour tight rim (Skirt), extending at least 150 mm above the liquid at the design

floatation level, shall be provided around both the IFR rim and around all IFR Penetrations (Columns, ladders, stilling wells, manholes, open IFR drains, anti-rotation cables and other roof openings).

3.26 The Internal floating roof shall have a vapour tight rim (or skirt), extending at least

100 mm into the liquid at the design floatation level, around both the internal floating roof periphery and around all internal floating roof penetrations (columns, ladders, stilling wells, manholes, open deck drains and other roof openings), with the exception of penetrations for pressure-vacuum (bleeder) vents.

3.27 All weld joints are to be fully welded and there should not be partial length

welding. Pontoon weld joints to be leak tested as per API 650 Appendix-H. 3.28 Drawings shall be prepared and submitted for review / approval after award of

contract or Purchase Order by the contractor. All drawings shall be of A1 size. Tanks shall be designed by the contractor considering design data and the existing drawings of the ATF tanks.

The calculations shall include:

a) Buoyancy calculations for roof, bleeder vents, rim vents etc.

b) Structural calculations for roof leg supports, supporting beams as well as the floating roof proper.

4.0 COORDINATION WITH OTHER AGENCIES

Work shall be carried out in such a manner that the work of other agencies operating at the site is not hampered due to any action of the contractor. Proper co-ordination with other agencies will be the responsibility of the contractor. In case of any dispute, the decision of Engineer-in-charge shall be final and binding on the contractor.



5.0 INSPECTION AND QUALITY CONTROL

5.1 Detailed Quality Assurance Plan (QAP) shall be submitted for HPCL/MECON/ MECON’s approval.

5.2 Internal Floating Roof Testing procedure shall be submitted for HPCL/MECON/

MECON’s approval. 5.3 Approved QAP will only have to be followed during various stages. 5.4 Stage wise and final inspection shall be carried out by HPCL/MECON/ MECON at

site.

6.0 PROVEN TRACK RECORD

Vendor shall have PROVEN TRACK RECORD of design, supply, installation, testing and commissioning of minimum FIVE similar Aluminium Internal Floating Roof designed on similar specifications which are in satisfactory operation, anywhere in the world or in India.

7.0 INFORMATION AND DRAWINGS TO BE FURNISHED ALONG WITH THE OFFER

The following drawings / documents and information shall be furnished along with the offer.

7.1 Details of similar installations constructed.

7.2 Details of manufacturing / fabrication / erection / testing facilities available with the tenderer. Manpower available, deployment details and jobs on hand.

7.3 Overall general arrangement and cross sectional drawings of Internal Floating roof,

showing dimensional details, appurtenances provided, primary and secondary seal arrangement etc.

7.4 Detailed material specification. 7.5 List of appurtenances included for each Internal Floating roof. 7.6 Deviations from specifications if any, to be listed out. 7.7 Confirmation regarding the codes and standards specified for different works. 7.8 Welding methods adopted makes and specifications of welding electrodes.



7.9 Un-priced bid. 7.10 Guarantee for performance, workmanship and materials of construction.

8.0 DETAILS TO BE FURNISHED BY SUCCESSFUL TENDERER

The successful tenderer shall furnish six sets, unless mentioned otherwise, of the following data / documents / drawings for review / approval / information.

8.1 Detailed drawings of Aluminium Internal Floating roof. 8.2 Detailed bar chart indicating time schedule for different activities like design,

procurement, fabrication / manufacturing, stage inspection. 8.3 Drawings of deck, ladder, details of roof legs (long and short) for internal floating

roof tanks with specification, bill of material, etc 8.4 Design calculation for internal floating roof for buoyancy and for deflection of deck

and structural integrity of internal floating roof. 8.5 Welding procedure and welder’s qualification report. 8.6 Detailed Erection scheme. 8.7 Progress report (weekly) for procurement, fabrication / construction, testing and

inspection, progress review meeting with owner. 8.8 Individual tank reports 5 in numbers of hard copies and soft copies (AutoCAD for

drawings) containing the following documents for each tank:

a) Inspection certificates and test reports b) Material test and analysis certificates

c) Radiographic films with inspection reports

d) As built drawings / final data / documents with reproducible for all final drawings.

e) Sets of As-built drawings, incorporating all changes with respect to approved

drawings, will be furnished on completion of work.

f) Other relevant information / drawings/ documents as required by MECON/ HPCL/MECON.



ANNEXURE – IV

SCHEDULE OF QUOTATION FOR








PREAMBLE TO SCHEDULE OF PRICES

1. Price must be filled strictly in the format enclosed. In case any contradiction is noticed between price format attached with Bidding Document and price format used in price bid submitted, description / contents of price format attached with Bidding Document shall prevail.

2. Bidder shall specify name of company and sign & affix seal on all pages of price

bid. 3. Total Lump sum Price means aggregate of Sum of Prices quoted for Supply and

Service Parts. 4. Indian Vendors to follow the ACTC (Agreed Commercial Terms & Conditions for

Indian Vendors) Annexure-VIII 5. Foreign Vendors to follow the ACTC (Agreed Commercial Terms & Conditions for

Foreign Vendors) Annexure-VII 6. Indian Vendors shall quote in Indian Rupees (INR) 7. Foreign vendor shall quote in USD or Euro only ================================================================ NAME OF BIDDER (SIGNATURE & SEAL OF BIDDER)



SCHEDULE OF RATES - SUPPLY PART ( Quoted Currency : INR / USD / Euro) SI NO DESCRIPTION UNIT QUANTITY UNIT

RATE TOTAL PRICE

1

Design, manufacture / fabrication, procurement, assembly, testing, painting, packing, inland transportation, inland transit insurance, unloading and loading charges and any other inclusive for loading of the materials on to the vessel at the Despatch Port, of the Aluminium Internal Floating Roof for ATF tanks, including all accessories etc. as per tender specifications and drawings.

Each 4

2

Design, manufacture / fabrication, procurement, assembly, testing, painting, packing, inland transportation, inland transit insurance, unloading and loading charges and any other inclusive for loading of the materials on to the vessel at the Despatch Port, of the Aluminium Internal Floating Roof for MTO tanks, including all accessories etc. as per tender specifications and drawings.

Each 1

SUB-TOTAL (A)

================================================================ NAME OF BIDDER (SIGNATURE & SEAL OF BIDDER)



Notes: 1. Third party inspection (TPI) charges shall be included in the quoted price. 2. All the required documentary evidences for completion of TPI & charges to be

submitted to HPCL/MECON. 3. Both ATF and MTO tank roofs are column less and supported on suitable roof

supporting structures. The tanks are near completion in site. Tenderers are requested to visit the site and assess the tanks before submitting the quotation.

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

5. For Indian Bidders, the quoted prices (in Indian rupees) shall be on FOT Destination basis inclusive of freight charges up to site and all applicable taxes & duties i.e. Excise Duty, Education Cess and sales tax/VAT on quoted finished goods. However the % of tax component shall be indicated in the ACTC as provided.

6. Appropriate currency of quoted rates shall be ticked in the options provided above. 7. No Form C/D shall be provided.




SCHEDULE OF RATES - SERVICE PART ( Quoted Currency : INR / USD / Euro)

SI NO DESCRIPTION UNIT QUANTITY UNIT

RATE TOTAL PRICE

1 Erection, testing & commissioning of the Aluminium Internal Floating Roof for ATF tanks

Each 4

2 Erection, testing & commissioning of the Aluminium Internal Floating Roof for MTO tanks

Each 1

SUB-TOTAL (B)

=============================================================== NAME OF BIDDER (SIGNATURE & SEAL OF BIDDER) Notes: Vendor shall include Mobilization & Demobilization charges, Travel Time charges, To & Fro Air Fare, Transportation charges, Boarding, Lodging all insurance including third party, income tax, and all other incidental expenses in the quoted rate. 1. All the required documentary evidences for the above shall be submitted to

HPCL/MECON. Working hours prevailing at HPCL site normally eight hours a day, Monday to Saturday and Sunday is the Holiday. In view of job exigencies, vendor’s engineers shall work even more than 8 hours and round the clock and even on Sunday and Holidays also.

2. Vendor’s commissioning engineer shall leave the job site only with prior permission of HPCL/MECON’s job engineer.

3. The quoted rates shall be inclusive of all taxes and duties as applicable 4. Appropriate currency of quoted rates shall be ticked in the options provided above.

============================================================== NAME OF BIDDER (SIGNATURE & SEAL OF BIDDER)



SCHEDULE OF RATES – OTHER CHARGES (FOR FOREIGN BIDDERS ONLY Quoted Currency : INR)

SI NO DESCRIPTION UNIT QUANTITY UNIT

RATE TOTAL PRICE

1

Unloading & loading charges, port levies and port handling charges including liasioning & other charges if any, storage charges for materials, inland freight charges upto the site, All Risk comprehensive Insurance for the supplied material as applicable at the Port of Entry i.e. Chennai, storage at Ennore site of the Aluminium Internal Floating Roof for ATF tanks, including all accessories etc. as per tender specifications and drawings. EXCEPT OCEAN FREIGHT CHARGES, MARINE INSURANCE CHARGES & CUSTOM DUTY

Each 4

2

Unloading & loading charges, port levies and port handling charges including liasioning & other charges if any, storage charges for materials, inland freight charges upto the site , All Risk comprehensive Insurance for the supplied material and as applicable at the Port of Entry i.e. Chennai, storage at Ennore site of the Aluminium Internal Floating Roof for MTO tanks, including all accessories etc. as per tender specifications and drawings. EXCEPT OCEAN FREIGHT CHARGES, MARINE INSURANCE CHARGES & CUSTOM DUTY

Each 1

Total



================================================================ NAME OF BIDDER (SIGNATURE & SEAL OF BIDDER) Notes 1. Foreign Bidders prices shall include all the port handling, port levies, liasioning

charges, Inland freight upto the site, All Risk Comprehensive Insurance, Loading/ unloading charges and storage charges and inclusive of other charges if any for delivery of materials at site from the port of Entry ie Chennai

2. Quoted rates shall be only in INR




ANNEXURE – V

GENERAL TERMS & CONDITIONS OF WORKS

CONTRACT FOR








GENERAL TERMS & CONDITIONS OF WORKS CONTRACT

1 PRELIMINARY 1.1 This is a Contract for execution of __________________ work

at_______________________. (please fill up the blanks) 1.2 The tenderer for the above mentioned item of work is ____________________.

(please give the name and address of the tenderer) 1.3 The terms and conditions mentioned hereunder are the terms and conditions of

the Contract for the execution of the work mentioned under item 1.1 above. 1.4 It is the clear understanding between Hindustan Petroleum Corporation Limited

and the tenderer __________________________________that (name and address of the tenderer) in case the tender of ________________________ is (name and address of the tenderer) accepted by Hindustan Petroleum Corporation Limited and an intimation to that effect is so issued and also a Purchase Order is placed with ________________________________ (name and address of the tenderer) this document will be termed as a Contract between the parties and terms and conditions hereunder would govern the parties interest.

1.5 Interpretation of Contract Documents: All documents forming part of the Contract are to be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Engineer-in-Charge/Site-in-Charge shall be the final and the contractor ________________________________shall abide by the decision. The decision shall not be arbitrable. Works shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications.

1.6 Special conditions of Contract : The special conditions of contract, if any provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any misunderstanding arising the same shall be referred to decision of the Owner/Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitrable.



It is the clear understanding that wherever it is mentioned that the Contractor shall do/perform a work and/or provide facilities for the performance of the work, the doing or the performance or the providing of the facilities is at the cost and expenses of the work not liable to be paid or reimbursed by the Owner.

2.0 DEFINITIONS

In this contract unless otherwise specifically provided or defined and unless a contrary intention appears from the contract the following words and expressions are used in the following meanings;

2.1 The term "Agreement" wherever appearing in this document shall be read as "Contract".

2.2 The "Authority" for the purpose of this Contract shall be the Chairman and Managing Director or any other person so appointed or authorised.

2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person so appointed, nominated or designated and holding the office of Chairman & Managing Director.

2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by Owner to effect additions to or deletion from or alterations into the Work.

2.5 The "Construction Equipment" means all appliances and equipment of whatsoever nature for the use in or for the execution, completion, operation or maintenance of the work except those intended to form part of the Permanent Work.

2.6 The "Contract" between the Owner and the Contractor shall mean and include all documents like enquiry, tender submitted by the contractor and the purchase order issued by the owner and other documents connected with the issue of the purchase order and orders, instruction, drawings, change orders, directions issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion and commissioning of the works and the period of contract mentioned in the Contract including such periods of time extensions as may be granted by the owner at the request of the contractor and such period of time for which the work is continued by the contractor for purposes of completion of the work.

2.7 "The Contractor" means the person or the persons, firm or Company whose tender has been accepted by the Owner and includes the Contractor's legal heirs, representative, successor(s) and permitted assignees.



2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any modifications approved in writing by the Engineer-in-Charge and such other drawings as may, from time to time, be furnished or approved in writing by the Engineer-in-Charge.

2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or designated as such by the Owner and shall include those who are expressly authorized by the owner to act for and on its behalf.

2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED incorporated in India having its Registered office at PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, BOMBAY - 400020 and Marketing office at , # 44, “Krishna Sree Building”, 2nd

Floor, Gandhi Nagar, 1

st Main Road, Adyar,

Chennai – 600 020 or their successors or assignees. 2.11 The "Permanent Work" means and includes works which form a part of the

work to be handed over to the Owner by the Contractor on completion of the contract.

2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN

PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or designated.

2.13 The "Site" means the land on which the work is to be executed or carried out

and such other place(s) for purpose of performing the Contract. 2.14 The "Specifications" shall mean the various technical and other specifications

attached and referred to in the tender documents. It shall also include the latest editions, including all addenda/corrigenda or relevant Indian Standard Specifications and Bureau Of Indian Standards.

2.15 The "Sub-Contractor" means any person or firm or Company (other than the

Contractor) to whom any part of the work has been entrusted by the Contractor with the prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their legal heirs, representatives, successors and permitted assignees of such person, firm or Company.

2.16 The "Temporary Work" means and includes all such works which are a part of

the contract for execution of the permanent work but does not form part of the permanent work confirming to practices, procedures applicable rules and regulations relevant in that behalf.

2.17 The "Tender" means the document submitted by a person or authority for

carrying out the work and the Tenderer means a person or authority who



submits the tender offering to carry out the work as per the terms and conditions.

2.18 The "Work" shall mean the works to be executed in accordance with the

Contract or part thereof as the case may be and shall include extra, additional, altered or substituted works as maybe required for the purposes of completion of the work contemplated under the Contract.

3.0 SUBMISSION OF TENDER 3.1 Before submitting the Tender, the Tenderer shall at their own cost and expenses

visit the site, examine and satisfy as to the nature of the existing roads, means of communications, the character of the soil, state of land and of the excavations, the correct dimensions of the work facilities for procuring various construction and other material and their availability, and shall obtain information on all matters and conditions as they may feel necessary for the execution of the works as intended by the Owners and shall also satisfy of the availability of suitable water for construction of civil works and for drinking purpose and power required for fabrication work etc. Tenderer, whose tender may be accepted and with whom the Contract is entered into shall not be eligible and be able to make any claim on any of the said counts in what so ever manner for what so ever reasons at any point of time and such a claim shall not be raised as a dispute and shall not be arbitrable. A pre-bid meeting may be held as per the schedule mentioned in the tender.

3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities which rates and prices shall except as otherwise provided cover all his obligations under the contract.

3.3 It must be clearly understood that the whole of the conditions and specifications

are intended to be strictly enforced and that no work will be considered as extra work and allowed and paid for unless they are clearly outside the scope, spirit, meaning of the Contract and intent of the Owner and have been so ordered in writing by Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and binding.

3.4 Before filling the Tender the Contractor will check and satisfy all drawings and

materials to be procured and the schedule of quantities by obtaining clarification from the Owner on all the items as may be desired by the Tenderer. No claim for any alleged loss or compensation will be entertained on this account, after submission of Tender by the Tenderer/Contractor and such a claim shall not be arbitrable.



3.5 Unless specifically provided for in the tender documents or any Special Conditions, no escalation in the Tender rates or prices quoted will be permitted throughout the period of contract or the period of actual completion of the job whichever is later on account of any variation in prices of materials or cost of labour or due to any other reasons. Claims on account of escalation shall not be arbitrable.

3.6 The quantities indicated in the Tender are approximate. The approved

schedule of rates of the contract will be applicable for variations upto plus or minus 25% of the contract value. No revision of schedule of rates will be permitted for such variations in the contract value, including variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above. Quantities etc. mentioned and accepted in the joint measurement sheets shall alone be final and binding on the parties.

3.7 Owner reserve their right to award the contract to any tenderer and their decision

in this regard shall be final. They also reserve their right to reject any or all tenders received. No disputes could be raised by any tenderer(s) whose tender has been rejected.

3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts

viz. cost of materials, transportation of machine(s), tools, equipments, labour, power, Administration charges, price escalations, profits, etc. etc. except to the extent of the cost of material(s), if any, agreed to be supplied by Owner and mentioned specifically in that regard in condition of Contract, in which case, the cost of such material if taken for preparation of the Contractor's Bill(s) shall be deducted before making payment of the Bill(s) of the Contractor. The description given in the schedule of quantities shall unless otherwise stated be held to include wastage on materials, carriage and cartage, carrying in and return of empties, hoisting, setting, fitting and fixing in position and all other expenses necessary in and for the full and complete execution and completion of works and in accordance with good practice and recognized principles in that regard.

3.9 Employees of the State and Central Govt. and employees of the Public Sector

Undertakings, including retired employees are covered under their respective service conditions/rules in regard to their submitting the tender. All such persons should ensure compliance to the respective/applicable conditions, rules etc. etc. Any person not complying with those rules etc. but submitting the tender in violation of such rules, after being so noticed shall be liable for the forfeiture of the Earnest Money Deposit made with the tender, termination of Contract and sufferance on account of forfeiture of Security Deposit and sufferance of damages arising as a result of termination of Contract.



3.10 In consideration for having a chance to be considered for entering into a contract with the Owner, the Tenderer agrees that the Tender submitted by him shall remain valid for the period prescribed in the tender conditions, from the date of opening of the tender. The Tenderer shall not be entitled during the said validity period, to revoke or cancel the tender without the consent in writing from the Owner.

In case the tenderer revokes or cancels the tender or varies any of terms of the tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund of the Earnest Money paid along with the tender.

3.11 The prices quoted by the Tenderer shall be firm during the validity period of

the bid and Tenderer agrees to keep the bid alive and valid during the said period. The Tenderers shall particularly take note of this factor before submitting their tender(s).

3.12 The works shall be carried out strictly as per approved specifications. Deviations,

if any, shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing prior to implementing deviations. The price benefit, if any, arising out of the accepted deviation shall be passed on to the Owner. The decision of Engineer-in-Charge shall be final in this matter.

3.13 The contractor shall make all arrangements at his own cost to transport the

required materials outside and inside the working places and leaving the premises in a neat and tidy condition after completion of the job to the satisfaction of owner. All materials except those agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and the rates quoted by the Contractor should be inclusive of all royalties, rents, taxes, duties, octroi, statutory levies, if any, etc.

3.14 The Contractor shall not carry on any work other than the work under this

Contract within the Owner’s premises without prior permission in writing from the Engineer-in-Charge/Site-in-charge.

3.15 The Contractor shall be bound to follow and ensure compliance to all the safety

and security regulations and other statutory rules applicable to the area. In the event of any damage or loss or sufferance caused due to non-observance of such rules and regulations, the contractor shall be solely responsible for the same and shall keep the Owner indemnified against all such losses and claims arising from the same.

3.16 At any time after acceptance of tender, the Owner reserves the right to add,

amend or delete any work item, the bill of quantities at a later date or reduce the scope of work in the overall interest of the work by prior discussion and intimation to the Contractor. The decision of Owner, with reasons recorded therefore, shall be final and binding on both the Owner and the Contractor. The Contractor shall



not have right to claim compensation or damage etc. in that regard. The Owner reserves the right to split the work under this contract between two or more contractors without assigning any reasons.

3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work under

this Contract without the prior consent of the Owner obtained in writing. 3.18 All signatures in tender document shall be dated as well as all the pages of all

sections of the tender documents shall be initialled at the lower position and signed, wherever required in the tender papers by the Tenderer or by a person holding Power of Attorney authorizing him to sign on behalf of the tenderer before submission of tender.

3.19 The tender should be quoted in English, both in figures as well as in words. The

rates and amounts tendered by the Tenderer in the Schedule of rates for each item and in such a way that insertion is not possible. The total tendered amount should also be indicated both in figures and words with the signature of tenderer.

If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied:

(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.

3.20 All corrections and alterations in the entries of tender paper will be signed in full

by the tenderer with date. No erasures or over writings are permissible. 3.21 Transfer of tender document by one intending tenderer to the another one is not

permissible. The tenderer on whose name the tender has been sent only can quote.

3.22 The Tender submitted by a tenderer if found to be incomplete in any or all manner

is liable to be rejected. The decision of the Owner in this regard is final and binding. In case of any error/discrepancy in the amount written in words and figures, the lower amount between the two shall prevail.

4.0 DEPOSITS



a) EARNEST MONEY DEPOSIT (EMD) the tenderer will be required to pay a sum as specified in the covering letter, as earnest money deposit alongwith the tender either thru a crossed demand draft or a non-revocable Bank Guarantee in favour of Hindustan Petroleum Corporation Limited, from any Scheduled Bank (other than a Co-Operative Bank) payable at Chennai in favour of Hindustan Petroleum Corporation Limited, Chennai in the proforma enclosed. The earnest money deposit will be refunded after finalisation of the contract.

Note: Public sector enterprises and small scale units registered with National Small Scale Industries are exempted from payment of Earnest Money Deposit. Small scale units registered with National Small Scale Industries should enclose a photocopy of their registration certificate with their quotation to make their quotation eligible for consideration. The Registration Certificate should remain valid during the period of the contract that may be entered into with such successful bidder. Such tenderers should ensure validity of the Registration Certificate for the purpose.

b) SECURITY DEPOSIT:

The tenderer, with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1%) of the total contract value in the form of account payee crossed demand draft drawn in favour of the Owner, within 15 days from the date of intimation of acceptance of their tender, failing which the Owner reserves the right to cancel the Contract and forfeit the EMD.

1% of PO/Contract value as Security deposit will be acceptable in the form of Demand draft upto Rs. 50,000/- and in the form of Demand draft / Bank guarantee beyond Rs. 50,000/-. Composite Performance Bank Guarantee (CPBG) for 10% of PO value towards Performance Bank Guarantee inclusive of Security Deposit shall be accepted (in lieu of deduction of retention money); such CPBG shall be valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Banks, other than co-operative bank.

5.0 EXECUTION OF WORK

All the works shall be executed in strict conformity with the provisions of the contract documents and with such explanatory details, drawings, specifications and instructions as may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site-in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring that works throughout are



executed in the most proper and workman- like manner with the quality of material and workmanship in strict accordance with the specifications and to the entire satisfaction of the Engineer-in-Charge/Site-in-Charge. The completion of work may entail working in monsoon also. The contractor must maintain the necessary work force as may be required during monsoon and plan to execute the job in such a way the entire project is completed within the contracted time schedule. No extra charges shall be payable for such work during monsoon. It shall be the responsibility of the contractor to keep the construction work site free from water during and off the monsoon period at his own cost and expenses. For working on Sundays/Holidays, the contractor shall obtain the necessary permission from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all such extended hours of working and no extra amount shall be payable by the owner on this account.

5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS 5.a.1. The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the

four corners of the work site and a level bench mark and the Contractor shall set out the works and shall provide an efficient staff for the purpose and shall be solely responsible for the accuracy of such setting out.

5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all

necessary stakes, templates, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for consequences of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Engineer-in-Charge/Site-in-Charge. The approval thereof or joining in setting out the work shall not relieve the Contractor of his responsibility.

5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all

necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and other materials for proper layout of the work in accordance with the scheme, for bearing marks acceptable to the Engineer-in-Charge/Site-in-Charge. The Centre longitudinal or face lines and cross lines shall be marked by means of small masonary pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be set over it. No work shall be started until all these points are checked and approved by the Engineer-in-Charge/Site-in-Charge in writing. But such approval shall not relieve the contractor of any of his responsibilities. The Contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during construction.



5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and fenced by the Contractor.

5.a.5. On completion of works, the contractor shall submit the geodetic documents

according to which the work was carried out. 5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his

instructions to the contractor in respect of the executions of work in a "work site order book" maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book.

5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in

writing. The Contractor shall be liable to carry out the instructions without fail. 5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-

Charge/Site-in-Charge requiring compliance within seven days fails to comply with such drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may issue, owner may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such drawings or `instructions' and all cost and expenses incurred in connection therewith as certified by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor or may be deducted from amounts due or that may become due to the contractor under the contract or may be recovered as a debt.

5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal and

vertical alignment, the levels and correctness of every part of the work and shall rectify effectually any errors or imperfections therein. Such rectifications shall be carried out by the Contractor, at his own cost.

5.a.10.In case any doubts arise in the mind of the Contractor in regard to any expressions, interpretations, statements, calculations of quantities, supply of material rates, etc. etc., the contractor shall refer the same to the Site-in-Charge/Engineer-in-Charge for his clarification, instructions, guidance or clearing of doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the contractor shall be bound by such a decision.

5.a.11. "The Contractor shall take adequate precautions, to ensure that his operations do

not create nuisance or misuse of the work space that shall cause unnecessary disturbance or inconvenience to others at the work site".

5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains of

geological or archaeological discovered on the site of works shall be declared to be the property of the Owner and Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such



articles or thing and shall immediately inform the Owner/Engineer-in-Charge/Site-in-Charge."

5.a.13."Contractor will be entirely and exclusively responsible to provide and maintain at

his expenses all lights, guards, fencing, etc. when and where even necessary or/as required by the Engineer-in-Charge/Site-in-Charge for the protection of works or safety and convenience to all the members employed at the site or general public."

5.b. COMMENCEMENT OF WORK 5.b.1. The contractor shall after paying the requisite security deposit, commence work

within 15 days from the date of receipt of the intimation of intent from the Owner informing that the contract is being awarded. The date of intimation shall be the date/day for counting the starting day/date and the ending day/date will be accordingly calculated. Penalty, if any, for the delay in execution shall be calculated accordingly.

5.b.2. Contractor should prepare detailed fortnightly construction programme for

approval by the Engineer-in-Charge within one month of receipt of Letter Of Intent. The work shall be executed strictly as per such time schedule. The period of Contract includes the time required for testing, rectifications, if any, re-testing and completion of work in all respects to the entire satisfaction of the Engineer-in-Charge.

5.b.3. A Letter of Intent is an acceptance of offer by the Owner and it need not be

accepted by the contractor. But the contractor should acknowledge a receipt of the purchase order within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused by such breach will be recovered by the Owner by forfeiting earnest money deposit/bid bond.

5.c. SUBLETTING OF WORK 5.c.1. No part of the contract nor any share or interest thereof shall in any manner or

degree be transferred, assigned or sublet, by the Contractor, directly or indirectly to any firm or corporation whatsoever, without the prior consent in writing of the Owner.

5.c.2. At the commencement of every month the Contractor shall furnish to the

Engineer-in-charge/Site-in-Charge list of all sub-contractors or other persons or firms engaged by the Contractor.

5.c.3 The contract agreement will specify major items of supply or services for which

the Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor



may from time to time propose any addition or deletion from any such list and will submit the proposals in this regard to the Engineer-in-charge/Designated officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.

5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding

that the Engineer-in-Charge shall have received copies of any sub-contract, the Contractor shall be and shall remain solely to be responsible for the quality and proper and expeditious execution of the works and the performance of all the conditions of the contract in all respects as if such subletting or sub-contracting had not taken place and as if such work had been done directly by the Contractor.

5.c.5 Prior approval in writing of the Owner shall be obtained before any change is

made in the constitution of the contractor/Contracting agency otherwise contract shall be deemed to have been allotted in contravention of clause entitled “sub-letting of works” and the same action may be taken and the same consequence shall ensue as provided in the clause of “subletting of works”.

5.d EXTENSION OF TIME

1) If the Contractor anticipates that he will not be able to complete the work within the contractual delivery/ completion date (CDD), then the Contractor shall make a request for grant of time extension clearly specifying the reasons for which he seeks extension of time and demonstrating as to how these reasons were beyond the control of the contractor or attributable to the Owner. This request should be made well before the expiry of the Contractual Delivery/ Completion Date (CDD).

2) If such a request for extension is received with a Bank Guarantee for

the full Liquidated Damages amount calculated on the Total Contract Value, the concerned General Manager of the Owner shall grant a Provisional extension of time, pending a decision on the request.

3) The concerned General Manager of the Owner shall expeditiously

decide upon the request for time extension and decide the levy of liquidated damages within a maximum period of 6 months from the CDD or date of receipt of the request, whichever is later.

4) Grant of any extension of time shall be by means of issuance of a

Change Order.



5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could be accepted against LD, as stated above. Once a decision is taken, the LD shall be recovered from any pending bills or by encashment of the BG. Any balance sum of Contractor or the BG (if LD is fully recovered from the bills) shall be promptly refunded/returned to the Contractor.

5.e. SUSPENSION OF WORKS 5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing

by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered suspended until he shall have received a written order to re-start. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damages on account of such an extension of time.

5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-

Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as provided under the clause for termination. The Contractor shall not be at liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials.

5.e.3. The contract shall, in case of suspension have the right to raise a dispute and

have the same arbitrated but however, shall not have the right to have the work stopped from further progress and completion either by the owner or through other contractor appointed by the owner.

5.f. OWNER MAY DO PART OF WORK

Not withstanding anything contained elsewhere in this contract, the owner upon failure of the Contractor to comply with any instructions given in accordance with the provisions of this contract, may instead of Contract and undertaking charge of entire work, place additional labour force, tools, equipment and materials on such parts of the work, as the Owner may decide or engage another Contractor to carryout the balance of work. In such cases, the Owner shall have the right to deduct from the amounts payable to the Contractor the difference in cost of such work and materials with ten percent overhead added to cover all departmental charges. Should the total amount thereof exceed the amount due to the contractor, the Contractor shall pay the difference to the Owner within 15 days of making demand for payment failing which the Contractor shall be liable to pay interest at 24% p.a. on such amounts till the date of payment.



5.g. INSPECTION OF WORKS 5.g.1. The Engineer-in-Charge/Site-in-Charge and Officers from Central or State

Government will have full power and authority to inspect the works at any time wherever in progress, either on the site or at the Contractor's premises/workshops of any person, firm or corporation where work in connection with the contract may be in hand or where the materials are being or are to be supplied, and the Contractor shall afford or procure for the Engineer-in-Charge/Site-in-Charge every facility and assistance to carryout such inspection. The Contractor shall, at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer-in-Charge/Site-in-Charge or his representative to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent, duly accredited in writing, present for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days notice in writing to the Engineer-in-Charge/Site-in-Charge before covering up or otherwise placing beyond reach of inspection and measurement any work in order that the same may be inspected and measured. In the event of breach of above, the same shall be uncovered at Contractor's expense for carrying out such measurement and/or inspection.

5.g.2. No material shall be removed and despatched by the Contractor from the site

without the prior approval in writing of the Engineer-in-charge. The contractor is to provide at all times during the progress of the work and the maintenance period proper means of access with ladders, gangways, etc. and the necessary attendance to move and adapt as directed for inspection or measurements of the works by the Engineer-in-Charge/Site-in-Charge.

5.h. SAMPLES 5.h.1. The contractor shall furnish to the Engineer-in-charge/Site-in-Charge for approval

when requested or required adequate samples of all materials and finishes to be used in the work.

5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before

commencement of the work so as the Owner can carry out tests and examinations thereof and approve or reject the samples for use in the works. All material samples furnished and finally used/applied in actual work shall fully be of the same quality of the approved samples.

5.i. TESTS FOR QUALITY OF WORK 5.i.1. All workmanship shall be of the respective kinds described in the contract

documents and in accordance with the instructions of the Engineer-in-Charge /



Site-in- Charge and shall be subjected from time to time to such tests at Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the place of manufacture or fabrication or on the site or at all or any such places. The Contractor shall provide assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Engineer-in-Charge/Site-in-Charge.

5.i.2. All the tests that will be necessary in connection with the execution of the work as

decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the contractors cost and expenses.

5.i.3. If any tests are required to be carried out in connection with the work or materials

or workmanship to be supplied by the owner, such tests shall be carried out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and expenses for such tests, if any, incurred by the contractor shall be reimbursed by the Owner. The contractor should file his claim with the owner within 15 (fifteen) days of inspection/test and any claim made beyond that period shall lapse and be not payable.

5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND

WORKS 5.j.1. The Engineer-in-Charge/Site-in-Charge shall have powers to make any

alterations, additions and/or substitutions to the schedule of quantities, the original specifications, drawings, designs and instructions that may become necessary or advisable or during the progress of the work and the Contractor shall be bound to carryout such altered/extra/new items of work in accordance with instructions which may be given to him in writing signed by the Engineer-in-Charge/Site- in-Charge. Such alterations, omissions, additions or substitutions shall not invalidate the contract. The altered, additional or substituted work which the Contractor may be directed to carryon in the manner as part of the work shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the work. The time for completion of such altered added and/or substituted work may be extended for that part of the particular job. The rates for such additional altered or substituted work under this Clause shall, be worked out in accordance with the following provisions:

5.j.2. If the rates for the additional, altered or substituted work are specified in the

contract for similar class of work, the Contractor is bound to carryout the additional, altered or substituted work at the same rates as are specified in the contract.



5.j.3. If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived from the rates for similar class of work as are specified in the contract for the work. In the opinion of the Engineer-in- Charge/Site-in-Charge as to whether or not the rates can be reasonably so derived from the items in this contract, will be final and binding on the Contractor.

5.j.4. If the rates for the altered, additional or substituted work cannot be determined in

the manner specified above, then the Contractor shall, within seven days of the date of receipt of order to carry out the work, inform the Engineer-in-Charge/ Site-in-Charge of the rate at which he intends to charge for such class of work, supported by analysis of the rate or rates claimed and the Engineer-In-Charge/ Site-in-Charge shall determine the rates on the basis of the prevailing market rates for both material and labour plus 10% to cover overhead and profit of labour rates and pay the Contractor accordingly. The opinion of the Engineer-in- Charge/Site-in-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor.

5.j.5. The quantities indicated in the Tender are approximate. The approved schedule of

rates of the contract will be applicable for variations of upto +25% of the estimated contract value. No revision of schedule of rates will be permitted for such variations in the contract value, even for variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above. (Already covered under Clause No. 3.6)

5.j.6. In case of any item of work for which there is no specification supplied by the

Owner and is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same, the work should be carried out as per standard Engineering Practice subject to the approval of the Engineer-in-Charge/ Site-in-Charge.

5.k. PROVISIONAL ACCEPTANCE

Acceptance of sections of the works for purposes of equipment erection, piping, electrical work and similar usages by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion of this contract and shall not be construed so as to prevent the Engineer from requiring replacement of defective work that may become apparent after the said acceptance and also shall not absolve the Contractor of the obligations under this contract. It is made clear that such an acceptance does not indicate or denote or establish to the fact of execution of that work or the Contract until the work is completed in full in accordance with the provisions of this Contract.



5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE

As soon as the work is completed in all respects, the contractor shall give notice of such completion to the site in charge or the Owner and within thirty days of receipt of such notice the site in charge shall inspect the work and shall furnish the contractor with a certificate of completion indicating:

a) defects, if any, to be rectified by the contractor b) items, if any, for which payment shall be made in reduced rates c) the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS 5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of

this contract, where any materials for the execution of the contract are procured with the assistance of Government either by issue from Government stocks or purchase made under orders or permits or licences issued by Government, the contractor shall use the said materials economically and solely for the purpose of the contract and shall not dispose them of without the permission of the Owner.

5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after the

completion of the contract or at its termination for any reason whatsoever, the Contractor shall deliver the said product to the Owner without any demur. The price to be paid to the Contractor, if not already paid either in full or in part, however, shall not exceed the amount mentioned in the Schedule of Rates for such material and in cases where such rates are not so mentioned, shall not exceed the CPWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall become liable for contravention of the terms of the Contract.

5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint

measurement. In case where joint measurement has failed to take place, the Owner may measure the same and determine the quantity.

5.m.4. It is made clear that the Owner shall not be liable to take stock and keep

possession and pay for the surplus and unserviceable stocks and the Owner may direct the Contractor to take back such material brought by the Contractor and becoming surplus and which the Owner may decide to keep and not to pay for the same.

5.n. DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 12 months from the date of completion of the job. Any damage or defect that may arise or lie



undiscovered at the time of completion of the job shall be rectified or replaced by the contractor at his own cost. The decision of the Engineer In-charge/Site-Incharge/Owner shall be the final in deciding whether the defect has to be rectified or replaced. Equipment or spare parts replaced under warranty/guarantees shall have further warranty for a mutually agreed period from the date of acceptance. The owner shall intimate the defects noticed in writing by a Registered A.D. letter or otherwise and the contractor within 15 days of receipt of the intimation shall start the rectification work and complete within the time specified by the owner failing which the owner will get the defects rectified by themselves or by any other contractor and the expenses incurred in getting the same done shall be paid by the Contractor under the provision of the Contract. Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenance etc.) where any damage of defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of completion of job. In other words, in case of service contracts (like car hire etc.) where there is no question of damage or defect arising in future, the defect liability clause is not applicable.

5.o. DAMAGE TO PROPERTY 5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner

any loss of and any damage to all structures and properties belonging to the Owner or being executed or procured by the Owner or of other agencies within the premises of the work of the Owner, if such loss or damage is due to fault and/or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or sub-contractors.

5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for damage to Owner's property arising under or by reason of this contract.

6.0 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE

CONTRACTOR 6.a.1 The Contractor shall be solely and exclusively responsible for engaging or

employing persons for the execution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid by Contractor. All disputes or differences between the Contractor and his/their employees shall be settled by Contractor.

6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the

Contractor. The Contractor shall indemnify Owner against any loss or damage or liability arising out of or in the course of his/their employing persons or relation with his/their employees. The Contractor shall make regular and full payment of wages and on any complaint by any employee of the Contractor or his sub



contractor regarding non-payment of wages, salaries or other dues, Owner reserves the right to make payments directly to such employees or sub- contractor of the Contractor and recover the amount in full from the bills of the Contractor and the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area of work site with regard to payment of wages to his employees and also to employees of his sub contractor.

6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his

employees and employees of sub-contractors and any other person engaged by him that their appointment/employment is not by the Owner but by the Contractor and that their present appointment is only in connection with the construction contract with Owner and that therefore, such an employment/appointment would not enable or make them eligible for any employment/appointment with the Owner either temporarily or/and permanent basis.

6.b. NOTICE TO LOCAL BODIES

The contractor shall comply with and give all notices required under any Government authority, instruction, rule or order made under any act of parliament, state laws or any regulations or by-laws of any local authority relating to the works.

6.c. FIRST AID AND INDUSTRIAL INJURIES 6.c.1 Contractor shall maintain first aid facility for his employees and those of his sub-

contractors. 6.c.2. Contractor shall make arrangements for ambulance service and for the treatment

of all types of injuries. Names and telephone numbers of those providing such services shall be furnished to Owner prior to start of construction and their name board shall be prominently displayed in Contractor's field office.

6.c.3. All industrial injuries shall be reported promptly to owner and a copy of

contractor's report covering each personal injury requiring the attention of a physician shall be furnished to the Owner.

6.d. SAFETY CODE 6.d.1. The Contractor shall at his own expense arrange for the Safety provisions as may

be necessary for the execution of the work or as required by the Engineer-in-Charge in respect of all labourers directly or indirectly employed for performance of the works and shall provide all facilities in connections therewith. In case the contractor fails to make arrangements and provide necessary facilities as



aforesaid, the Owner shall be entitled to do so and recover the cost thereof from the Contractor.

6.d.2. From the commencement to the completion of the works, the contractor shall take

full responsibility for the care thereof and of all the temporary works (defined as meaning all temporary works of every kind required in or for the execution, completion or maintenance of the works). In case damage, loss or injury shall happen to the works or to any part thereof or to temporary works or to any cause whatsoever repair at his (Contractor's) own cost and make good the same so that at the time of completion, the works shall be in good order and condition and in conformity in every respect with the requirement of the contract and Engineer-in-Charge's instructions.

6.d.3. In respect of all labour, directly or indirectly employed in the work for the

performance of the Contractor's part of this agreement, the contractor shall at his own expense arrange for all the safety provisions as per relevant Safety Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines Act and such other Acts as applicable.

6.d.4. The Contractor shall observe and abide by all fire and safety regulations of the

Owner. Before starting construction work, the Contractor shall consult with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner any loss or damage due to fire to any portion of the work done or to be done under this agreement or to any of the Owner's existing property.

6.d.5. The Contractor will be fully responsible for complying with all relevant provisions

of the Contract Labour Act and shall pay rates of Wages and observe hours of work/conditions of employment according to the rules in force from time to time.

6.d.6. The Contractor will be fully responsible for complying with the provision including

documentation and submission of reports on the above to the concerned authorities and shall indemnify the Corporation from any such lapse for which the Government will be taking action against them.

6.d.7. Owner shall on a report having been made by an inspecting Office as defined in

the Contract Labour Regulations have the power to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker(s) by reasons of non-fulfillment of conditions of contract for the benefit of workers no-payment of wages or of deductions made from his or their wages which are not justified by the terms of contract or non observance of the said contractor's labour Regulation.



6.e. INSURANCE AND LABOUR

Contractor shall at his own expense obtain and maintain an insurance policy with a Nationalised Insurance Company to the satisfaction of the Owner as provided hereunder.

6.e.1. EMPLOYEES STATE INSURANCE ACT

i. The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by Employees State Insurance Act, 1948, and the Contractor further agrees to defend indemnify and hold Owner harmless from any liability or penalty which may be imposed by the Central, State or local authority by reason of any asserted violation by Contractor, or sub-contractor of the Employees' State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the work provided for by this contract whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political sub-division thereof.

ii. The Contractor agrees to file with the Employees State Insurance

Corporation, the Declaration forms and all forms which may be required in respect of the Contractor's or sub-contractor's employee whose aggregate emuneration is within the specified limit and who are employed in the work provided or those covered by ESI Act under any amendment to the Act from time to time.

The Contractor shall deduct and secure the agreement of the sub-contractor to deduct the employee's contribution as per the first schedule of the Employee's State Insurance Act from wages and affix the employee's contribution cards at wages payment intervals. The Contractor shall remit and secure the agreement of the sub contractor to remit to the State Bank of India, Employee's State Insurance Corporation Account, the Employee's contribution as required by the Act.

iii. The Contractor agrees to maintain all records as required under the Act in

respect of employees and payments and the Contractor shall secure the agreement of the sub contractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor's or sub-contractor's account.

iv. The Owner shall retain such sum as may be necessary from the total contract

value until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid.



V. WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY INSURANCE

Provide Insurance for all the Contractor's employees engaged in the performance of this contract. If any of the work is sublet, the Contractor shall ensure that the sub contractor provides workmen's compensation and Employer's Liability Insurance for the latter's employees who are not covered under the Contractor's insurance.

VI. AUTOMOBILE LIABILITY INSURANCE

Contractor shall take out an Insurance to cover all risks to Owner for each of his vehicles plying on works of this contract and these insurances shall be valid for the total contract period. No extra payment will be made for this insurance.

Owner shall not be liable for any damage or loss not made good by the Insurance Company, should such damage or loss result from unauthorised use of the vehicle. The provisions of the Motor Vehicle Act would apply.

VII. FIRE INSURANCE

Contractor shall within two weeks after award of contract insure the Works, Plant and Equipment and keep them insured until the final completion of the Contract against loss or damage by accident, fire or any other cause with an insurance company to be approved by the Employer/Consultant in the joint names of the Employer and the Contractor (name of the former being placed first in the Policy). Such Policy shall cover the property of the Employer only.

6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY

OWNER

i. Contractor shall also provide and maintain any and all other insurance which may be required under any law or regulations from time to time. He shall also carry and maintain any other insurance which may be required by the Owner.

ii. The aforesaid insurance policy/policies shall provide that they shall not be

cancelled till the Engineer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Engineer-in-Charge/Site-in-Charge from time to time that he has taken out all insurance policies referred to above and has paid the necessary premium for keeping the policies alive till the expiry of the defects liability period.

iv. The contractor shall ensure that similar insurance policies are taken out by his

sub-contractor (if any) and shall be responsible for any claims or losses to the Owner resulting from their failure to obtain adequate insurance protections in connection thereof. The contractor shall produce or cause to be proceed by his



sub-contractor (if any) as the case may be, the relevant policy or policies and premium receipts as and when required by the Engineer-in-Charge/Site-in-Charge.

6.e.3. LABOUR AND LABOUR LAWS

i. The contractor shall at his own cost employ persons during the period of contract and the persons so appointed shall not be construed under any circumstances to be in the employment of the Owner.

ii. All payments shall be made by the contractor to the labour employed by him in

accordance with the various rules and regulations stated above. The contractor shall keep the Owner indemnified from any claims whatsoever inclusive of damages/costs or otherwise arising from injuries or alleged injuries to or death of a person employed by the contractor or damages or alleged damages to the property.

iii. No labour below the age of eighteen years shall be employed on the work. The

Contractor shall not pay less than what is provided under the provisions of the contract labour (Regulations and Abolition) Act, 1970 and the rules made thereunder and as may be amended from time to time. He shall pay the required deposit under the Act appropriate to the number of workman to be employed by him or through sub contractor and get himself registered under the Act. He shall produce the required Certificates to the Owner before commencement of the work. The Owner recognises only the Contractor and not his sub contractor under the provisions of the Act. The Contractor will have to submit daily a list of his workforce. He will also keep the wage register at the work site or/and produce the same to the Owner, whenever desired. A deposit may be taken by the Owner from the Contractor to be refunded only after the Owner is satisfied that all workmen employed by the Contractor have been fully paid for the period of work in Owner's premises at rates equal to or better than wages provided for under the Minimum Wages Act. The contractor shall be responsible and liable for any complaints that may arise in this regard and the consequences thereto.

iv. The Contractor will comply with the provisions of the Employee's Provident

Fund Act and the Family Pension Act as may be applicable and as amended from time to time.

v. The Contractor will comply with the provisions of the payment of Gratuity Act,

1972, as may be applicable and as amended from time to time.



vi. IMPLEMENTATION OF APPRENTICES ACT, 1961

The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Engineer-in-Charge may, at his discretion, cancel the contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Act.

vii. MODEL RULES FOR LABOUR WELFARE

The Contractor shall at his own expenses comply with or cause be complied with Model rules for Labour Welfare as appended to those conditions or rules framed by the Government from time to time for the protection of health and for making sanitary arrangements for worker employed directly or indirectly on the works. In case the contractor fails to make arrangements as aforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled to do so and recover the cost thereof from the contractor.

6.f. DOCUMENTS CONCERNING WORKS 6.f.1. All documents including drawings, blue prints, tracings, reproducible models,

plans, specifications and copies, thereof furnished by the Owner as well as all drawings, tracings, reproducibles, plans, specifications design calculations etc. prepared by the contractor for the purpose of execution of works covered in or connected with this contract shall be the property of the Owner and shall not be used by the contractor for any other work but are to be delivered to the Owner at the completion or otherwise of the contract.

6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings etc.

issued to him for the execution of this contract and restrict access to such documents, drawings etc. and further the Contractor shall execute a SECRECY agreement from each or any person employed by the Contractor having access to such documents, drawings etc. The Contractor shall not issue drawings and documents to any other agency or individual without the written approval by the Engineer-in-Charge/Site-in- Charge.

6.f.3. Contractor will not give any information or document etc. concerning details of the

work to the press or a news disseminating agency without prior written approval from Engineer-in-charge/Site-in-Charge. Contractor shall not take any pictures on site without written approval of Engineer-in-Charge/Site-in-Charge.



7.0 PAYMENT OF CONTRACTOR'S BILLS 7.1. Payments will be made against Running Accounts bills certified by the

Owner's Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the bill.

7.2. Running Account Bills and the final bill shall be submitted by the Contractor

together with the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in-Charge of the Owner in quadruplicate for certification. The Bills shall also be accompanied by quantity calculations in support of the quantities contained in the bill along with cement consumption statement, actual/theoretical, wherever applicable duly certified by the Engineer-in-Charge/Site-in-Charge of the Owner.

7.3. All running account payments shall be regarded as on account payment(s) to be

finally adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights of the Owner under this Contract to make the final adjustments of the quantities of material, measurements of work and adjustments of amounts etc. in the final bill.

7.4. The final bill shall be submitted by the Contractor within one month of the date of

completion of the work fully and completely in all respects. If the Contractor fails to submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the measurement and determine the total amount payable for the work carried out by the Contractor and such a certification shall be final and binding on the Contractor. The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside party for taking the measurement, the expenses of which shall be payable by the Contractor.

7.5. Payment of final bill shall be made within 30 days from the date of receipt of the

certified bill by the Disbursement Section of the owner. 7.6 Wherever possible, payment shall be tendered to the contractor in

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

7.a. MEASUREMENT OF WORKS 7.a.1. All measurements shall be in metric system. All the works will be jointly measured

by the representative of the Engineer-in-Charge/Site-in-Charge and the Contractor or their authorised agent progressively. Such measurement will be recorded in the Measurement Book/Measurement Sheet by the Contractor or his authorized representative and signed in token of acceptance by the Owner or their authorised representative.



7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall

be bound to be present whenever required by the Engineer-in-Charge/Site-in-Charge. If, however, they are absent for any reasons whatsoever, the measurement will be taken by the Engineer-in-Charge/Site-in-Charge or his representative and the same would be deemed to be correct and binding on the Contractor.

7.a.3. In case of any dispute as to the mode of measurement for any item of work, the

latest Indian Standard Specifications shall be followed. In case of any further dispute on the same the same shall be as per the certification of an outside qualified Engineer/ Consultant. Such a measurement shall be final and binding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTED

The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer-in-Charge/Site-in-Charge of the work giving abstract and detailed measurement for the various items executed during a month, before the expiry of the first week of the succeeding month. The Engineer-in-Charge/Site-in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the bill verified and/or checked before forwarding the same to the disbursement office of the Owner for further action in terms of the Contract and payment thereafter. The Engineer-in-Charge/Site-in-Charge shall verify the bills within 7 days of submission of the Bill by the Contractor.

7.c. RETENTION MONEY

10% of the total value of the Running Account and Final Bill will be deducted and retained by the Owner as retention money on account of any damage/defect liability that may arise for the period covered under the defect liability period clause of the Contract free of interest. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate connected in any way with the equipment or materials supplied by contractor or in workmanship shall be rectified or replaced by the contractor at his own expense failing which the Owner shall be entitled to rectify the said damage/defect from the retention money. Any excess of expenditure incurred by the Owner on account of damage or defect shall be payable by the Contractor. The decision of the Owner in this behalf shall not be liable to be questioned but shall be final and binding on the Contractor. Thus, deduction towards retention money is applicable only in case of job/works contracts (civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of issue of completion certificate.



7.d. STATUTORY LEVIES 7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all

taxes, duties, octroi, rates, cess, levies and statutory payments payable under all or any of the statutes etc.

Variations of taxes and duties arising out of the amendments to the Central / State enactments, in respect of sale of goods / services covered under this bid shall be to HPCL’s account, so long as :

• They relate to the period after the opening of the price bid, but before the

contracted completion period ( excluding permitted extensions due to delay on account of the contractors, if any) or the actual completion period, whichever is earlier; and

• The vendor furnishes documentary evidence of incurrence of such

variations, in addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever applicable.

All contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by the Contractor and the Contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer-employee relationship and the Contractor further agrees to comply and to secure the compliance of all sub-contractors with all applicable Central, State, Municipal and local laws, and regulations and requirements of any Central, State or Local Government agency or authority. Contractor further agrees to defend, indemnify and hold harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reason of any violation by Contractor or sub-contractor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of, or by reasons of the work provided for by this contract by third parties, or by Central or State Government authority or any administrative sub-division thereof. The Contractor further agrees that in case any such demand is raised against the Owner, and Owner has no way but to pay and pays/makes payment of the same, the Owner shall have the right to deduct the same from the amounts due and payable to the Contractor. The Contractor shall not raise any demand or dispute in respect of the same but may have recourse to recover/receive from the concerned authorities on the basis of the Certificate of the Owner issued in that behalf.



7.d.2. The rates quoted should be inclusive of all rates, cess, taxes and sales tax on works contracts wherever applicable. However, wherever the sales tax on works contract is applicable and is to be deducted at source, the same will be deducted from the bills of the Contractor and paid to the concerned authorities. The proof of such payments of sales tax on works contract will be furnished to the contractor.

7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless

certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.

7.d.4 The contractor shall provide accurate particulars of PAN number as

required, to enable issuance of TDS (Tax Deduction at Source) certificate. 7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR 7.e.1. The Contractor shall procure and provide the whole of the materials required for

construction including tools, tackles, construction plant and equipment for the completion and maintenance of the works except the materials viz. steel and cement which may be agreed to be supplied as provided elsewhere in the contract. The contractor shall make arrangement for procuring such materials and for the transport thereof at their own cost and expenses.

7.e.2. The Owner may give necessary recommendation to the respective authority if so

desired by the Contractor but assumes no responsibility of any nature. The Contractor shall procure materials of ISI stamp/certification and supplied by reputed suppliers borne on DGS&D list.

7.e.3. All materials procured should meet the specifications given in the tender

document. The Engineer-in-charge may, at his discretion, ask for samples and test certificates for any batch of any materials procured. Before procuring, the Contractor should get the approval of Engineer-in-Charge/Site-in-Charge for any materials to be used for the works.

7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the

Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge any tests are required to be conducted on the material supplied by the Contractor, these will be arranged by the Contractor promptly at his own cost.

7.f. MATERIALS TO BE SUPPLIED BY THE OWNER 7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against

payment by Contractor from either godown or from the site or within work premises itself and the contractor shall arrange for all transport to actual work site at no extra cost.



7.f.2. The contractor shall bear all the costs including loading and unloading, carting from issue points to work spot storage, unloading, custody and handling and stacking the same and return the surplus steel and cement to the Owner's storage point after completion of job.

7.f.3. The contractor will be fully accountable for the steel and cement received from the Owner and contractor will give acknowledgement/receipt for quantity of steel and cement received by him each time he uplifts cement from Owner's custody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be considered as per CPWD standards.

7.f.5. Steel and Cement as received from the manufacturer/stockists will be issued to

the contractor. Theoretical weight of cement in a bag will be considered as 50 Kg. Bags weighing upto 4% less shall be accepted by the contractor and considered as 50 Kg. per bag. Any shortage in the weight of any cement bag by more than 4% will be to the Owner's account only when pointed out by the Contractor and verified by Engineer-in-Charge/Site in Charge at the time of Contract or taking delivery.

7.f.6. The contractor will be required to maintain a stock register for receipt, issuance

and consumption of steel and cement at site. Cement will be stored in a warehouse at site. Requirement of cement on any day will be taken out of the warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT to go as FIRST ISSUE.

7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall be

penalised for any excess/under consumption of cement. The penal rate will be twice the rate of issue of cement for this work.

7.f.8. All the running bills as well as the final bills will be accompanied by cement

consumption statements giving the detailed working of the cement used, cement received and stock-on-hand.

7.f.9. The Contractor will be fully responsible for safe custody of cement once it is

received by him and during transport. Owner will not entertain any claims of the contractor for theft, loss or damage to cement while in their custody.

7.f.10. The contractor shall not remove from the site any cement bags at any time. 7.f.11. The Contractor shall advise Engineer-in-charge/Site-in-charge in writing atleast 21

days before exhausting the Cement stocks already held by Contractor to ensure that such delays do not lead to interruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles,

precast cement jali and any other bought out items which consume cement and for temporary works.



7.f.13. Cement in bags and in good usable condition left over after the completion of

work shall be returned by the contractor to the Owner. The Owner shall make payment to the Contractor at the supply rate for such stocks of cement they accept and receive. Any refused stock of cement shall be removed by the Contractor from the site at his cost and expenses within 15 days of completion of the work.

8.0 PAYMENT OF CLAIMS AND DAMAGES 8.1. Should the Owner have to pay money in respect of claims or demands as

aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary.

8.2. In every case in which by virtue of the provisions of Workmen's Compensation

Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a Workman employed by the Contractor in execution of the works, the Owner will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this contract or otherwise. The Owner shall not be bound to contest any claim made under Section 12 sub section (1) of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim.

8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK

If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-Charge/Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise rectify or remove and re-execute the work or remove and replace with others, the



materials or articles complained of as the case may be at the risk and expenses in all respects of the Contractor. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable.

8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS

This project is subject to inspection by various Government agencies of Government of India. The contractor shall extend full cooperation to all the Government and other agencies in the inspection of the works, audit of the Contract and the documents of Contract Bills, measurements sheets etc. etc. and examination of the records of works and make enquiries interrogation as they may deem fit, proper and necessary. Upon inspection etc. by such agencies if it is pointed out that the contract work has not been carried out according to the prescribed terms and conditions as laid down in the tender documents and if any recoveries are recommended, the same shall be recovered from the contractors running bills/final bill/from ordered/suggested Security Deposit/retention money.

The Contractor shall not rise any dispute on any such account and the same shall not be arbitrable.

9.0 CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor shall indemnify the Owner and every member, officer and employee of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in connection with the works and all actions, proceedings, claims, demands, costs, expenses which may be made against the Owner for or in respect of or arising out of any failure by the Contractor in the performance of his obligations under the contract. The Contractor shall be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or his sub contractor and Contractor shall indemnify and keep indemnified the Owner against all such damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

10. LIQUIDATED DAMAGES

i) In case of any delay in completion of the work beyond the CDD, the Owner shall be entitled to be paid Liquidated Damages by the Contractor. The liquidated damages shall be initially at the rate of 0.5% (half percent) of the total contract value for every week of the delay subject to a maximum of 5% of the total contract value. The liquidated damages shall be recovered by the Owner out of the amounts payable to the Contractor or from any Bank Guarantees or Deposits furnished by



the Contractor or the Retention Money retained from the Bills of the Contractor, either under this contract or any other contract.

ii) The Contractor shall be entitled to give an acceptable unconditional

Bank Guarantee in lieu of such a deduction if Contractor desires any decision on a request for time extension.

iii) Once a final decision is taken on the request of the Contractor or

otherwise, the LD shall be applicable only on the basic cost of the contract and on each full completed week(s) of delay (and for part of the week, a pro-rata LD amount shall be applicable).

iv) This final calculation of LD shall be only on the value of the unexecuted

portion/quantity of work as on the CDD. v) Contractor agrees with the Owner, that the above represents a genuine

pre-estimate of the damages which the Owner will suffer on account of delay in the performance of the work by Contractor. The Contractor further agrees that the LD amount is over and above any right which owner has to risk purchase under Clause 12.4 and any right to get the defects in the work rectified at the cost of the contractor.

11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT

BY OWNER

The Contractor shall remain responsible and liable to make good all losses or damages that may occur/appear to the work carried out under this Contract within a period of 12 months from date of issue of the Completion Certificate and/or the date of Owner taking over the work, which ever is earlier. The Contractor shall issue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any nationalised Bank acceptable to the Owner and if however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to cover the 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of 12 months without any interest thereon.

12.0 TERMINATION OF CONTRACT 12.1 The owner may terminate the contract at any stage of the construction for reasons

to be recorded in the letter of termination. 12.2 The Owner inter alia may terminate the Contract for any or all of the following

reasons that the contractor: a) has abandoned the work/Contract.



b) has failed to commence the works, or has without any lawful excuse under these conditions suspended the work for 15 consecutive days.

c) has failed to remove materials from the site or to pull down and replace the

work within 15 days after receiving from the Engineer written notice that the said materials or work were condemned and/or rejected by the Engineer under specified conditions.

d) has neglected or failed to observe and perform all or any of the terms acts,

matters or things under this Contract to be observed and performed by the Contractor.

e) has to the detriment of good workmanship or in defiance of the Engineer's

instructions to the contrary sub-let any part of the Contract. f) has acted in any manner to the detrimental interest, reputation, dignity, name

or prestige of the Owner. g) has stopped attending to work without any prior notice and prior permission for

a period of 15 days. h) has become untraceable. i) has without authority acted in violation of the terms and conditions of this

contract and has committed breach of terms of the contract in best judgement of the owner.

j) has been declared insolvent/bankrupt. k) in the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the

Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess money, if any, left over.

12.4 In case of Termination of the contract, Owner shall have the right to carry

out the unexecuted portion of the work either by themselves or through any other contractor(s) at the risk and cost of the Contractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the work on any nominated contractor(s). However, the overall liability of the Contractor shall be restricted to 100 % of the total contract value.



12.5 The contractor within or at the time fixed by the Owner shall depute his authorized representative for taking joint final measurements of the works executed thus far and submit the final bill for the work as per joint final measurement within 15 days of the date of joint final measurement. If the contractor fails to depute their representative for joint measurement, the owner shall take the measurement with their Engineer-in-Charge/Site-in-Charge or any other outside representatives. Such a measurement shall not be questioned by the Contractor and no dispute can be raised by the Contractor for purpose of Arbitration.

12.6 The Owner may enter upon and take possession of the works and all plant, tools,

scaffoldings, sheds, machinery, power operated tools and steel, cement and other materials of the Contract at the site or around the site and use or employ the same for completion of the work or employ any other contractor or other person or persons to complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing to prevent or hinder such actions, other Contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed or as soon thereafter the Engineer shall give a notice in writing to the Contractor to remove surplus materials and plant, if any, and belonging to the Contractor except as provided elsewhere in the Contract and should the Contractor fail to do so within a period of 15 days after receipt thereof the Owner may sell the same by public auction and shall give credit to the contractor for the amount realised. The Owner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or payable to or by the Owner for the value of the plant and materials so taken possession and the expense or loss which the Owner shall have been put to in procuring the works, to be so completed, and the amount if any, owing to the Contractor and the amount which shall be so certified shall thereupon be paid by the Owner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of the Owner shall be final and conclusive between the parties.

12.7 When the contract is terminated by the Owner for all or any of the reasons

mentioned above the Contractor shall not have any right to claim compensation on account of such termination.

13.0 FORCE MAJEURE 13.1. 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. Once 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.

13.2. If Contractor is prevented or delayed from the performing any of its obligations

under this Agreement by Force Majeure, then Contractor shall notify Owner the 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.

14.0 ARBITRATION 14.1 All disputes and differences of whatsoever nature, whether existing or which shall

at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

14.2 The appointing authority shall either himself act as the Sole Arbitrator or

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

14.3 In the event of the Arbitrator to whom the matter is referred to, does not

accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.



14.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator.

14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the

Agreement. 14.6 The work under the Contract shall, however, continue during the Arbitration

proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

14.7 The Arbitrator may give a composite or separate Award(s) in respect of each

dispute or difference referred to him and may also make interim award(s) if necessary.

14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne

equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid 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.

14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act,

1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.

14.10 The Contract shall be governed by and constructed according to the laws in force

in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Chennai for all purposes. The Arbitration shall be held at Chennai and conducted in English language.

14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum

Corporation Limited.



15.0 GENERAL 15.1. Materials required for the works whether brought by the or supplied by the Owner

shall be stored by the contractor only at places approved by Engineer-in-Charge/Site-in-Charge. Storage and safe custody of the material shall be the responsibility of the Contractor.

15.2. Owner and/or Engineer-in-Charge/Site-in-Charge connected with the contract,

shall be entitled at any time to inspect and examine any materials intended to be used in or on the works, either on the site or at factory or workshop or at other place(s) manufactured or at any places where these are laying or from which these are being obtained and the contractor shall give facilities as may be required for such inspection and examination.

15.3. In case of any class of work for which there is no such specification supplied by

the owner as is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same the work should be carried out as per standard Engineering practice subject to the approval of the Engineer-in-Charge/Site-in-Charge.

15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause

the contractor shall take all precautions necessary for the protection of the work and at his own expense shall make good any damages arising from any of these causes.

15.5 The contractor shall cover up and protect from injury from any cause all new work

also for supplying all temporary doors, protection to windows and any other requisite protection for the whole of the works executed whether by himself or special tradesmen or sub- contractors and any damage caused must be made good by the contractors at his own expense.

15.6 If the contractor has quoted the items under the deemed exports, then it will be

the responsibility of the contractor to get all the benefits under deemed exports from the Government. The Owner’s responsibility shall only be limited to the issuance of required certificates. The quotation will be unconditional and phrases like “subject to availability of deemed exports benefit” etc. will not find place in it.



16. Integrity Pact: Effective 1st September, 2007, all tenders and contracts shall comply with the requirements of the Integrity Pact (IP) if the value of such tenders or contracts exceed Rs.1 crore. Failure to sign the Integrity Pact shall lead to outright rejection of bid.

17. Grievances of parties participating or intend to participate in the tender

shall be addressed in writing to the officer designate of the Grievance Redressal Cell where the tenders have to be submitted within the stipulated period. Detailed mechanism of Grievance Redressal is available on the HPCL website.



ANNEXURE – VI

SPECIAL CONDITIONS OF CONTRACT FOR

Design, Manufacturing, Supply, Installation, testing

and Commissioning of




Chennai, India



SPECIAL CONDITIONS OF CONTRACT 1.0 GENERAL 1.1 These Special Conditions of Contract shall be read in conjunction with the General

Terms & Conditions of Works Contract, specifications of work, drawings and any other document forming part of this Contract wherever the context so requires.

1.2 Not withstanding the sub-division of the document into these separate sections and

volumes, every part of each shall be deemed to be supplementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so.

1.3 Where any portion of the GCC is repugnant to or at variance with any provisions of

the Special Conditions of Contract, then unless a different intention appears, the provision(s) of the Special Conditions of Contract shall be deemed to override the provision(s) of GCC only to the extent that such repugnancies or variations in the Special Conditions of Contract are not possible of being reconciled with the provisions of GCC.

1.4 Wherever it is stated in this Bidding Document that a supply is to be made or a

work is to be carried out it shall be understood that the same shall be made /carried out by the Contractor at his own cost, unless a different intention is specifically and expressly stated herein or otherwise explicit from the context. Contract Price shall be deemed to have included such cost.

1.5 The materials, design and workmanship shall satisfy the applicable relevant

Standards mentioned in the tender, the job specifications contained herein and codes referred to by expression or implication. Where the job specifications stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied. In the absence of any Standard / Specifications / Codes of practice for detailed specifications covering any part of the work covered in this bidding document, the instructions / directions of the Engineer-in-charge shall be binding Contractor.

1.6 In case of contradiction between relevant standards mentioned in the tender, GCC,

Special Conditions of Contract, Specifications, Drawings and Schedule of Rates, the following shall prevail in order of precedence:



i) Detailed Letter of Acceptance along with Statement of Agreed Variations, if any, and its enclosures such as Schedule of Rates etc.

ii) Fax of Intent (FOI) iii) Special Conditions of Contract iv) Job Specifications v) Drawings vi) Standard Specifications vii) Standards as in Tender viii)General Conditions of Contract

2.0 DEFINITION OF TERMS

In the CONTRACT, the following words and expressions shall have the meanings herein assigned to them.

2.1 Contractor: Shall mean the person or the persons, firm or Company whose Tender

has been accepted by the Owner and includes the Contractor’s legal heirs, representatives, successor(s) and permitted assignees.

2.2 Owner: Shall mean the “Hindustan Petroleum Corporation Limited”incorporated in

India having its Registered office at Petroleum House, 17, Jamshedji Tata Road, Mumbai – 400 020 or their successors or assignees.

2.3 Approval: Means approval or confirmation in writing by Owner. 2.4 Fax of Intent: Means the Fax of acceptance of Tender issued by Owner to

Contractor. 2.5 Completion Certificate: Means the certificate issued by the Engineer-in-charge

within the provisions of the Contract. 2.6 Mobilization: Means shall mean establishment of sufficient and adequate

infrastructure by Contractor at the site comprising equipment, tools, tackles including establishment of temporary works and facilities, utilities, manpower and equipment ready to receive, transport and receive material and to commence and execute work at site, in accordance with the progress schedule to the satisfaction of the Engineer-in-charge.



2.7 Utilities: Means power, electricity, gas, water and other things, what so ever required for or incidental to the performance of the services, not being material required for permanent incorporation in the works.

2.8 Facilities: Means land, transport, telephone, fax and other facilities whatsoever

required for or incidental to the performance of the services.

2.9 Services: Means any and all work and supply whatsoever to be rendered or performed by Contractor by expression or implication within the scope of the Contract and shall include the provisions of temporary works, utilities and facilities.

2.10 Material: Means all material, machinery, instruments, spares etc what so ever required for permanent incorporation in the works to establish and operate the project complete in all respects.

2.11 Mechanical completion: Mechanical completion means installation of all equipment

facilities and there after completion of all activities as listed in scope of work to be performed by Contractor including completion of all punch list items as provided by Owner

2.12 Deleted 2.13 Deleted 2.14 Commissioning: Commissioning means pressing into service of the installed

instruments and the associated components & systems in accordance with the procedures as approved and in line with the requirement of Owner in the subject matter of the Contract after successful testing and trial run.

3.0 SCOPE OF WORK

The contractor shall perform all the activities required for the proper execution of thework. Details are attached in Attachment-II. The total order shall be placed on one agency. Part order shall not be placed



4.0 TIME SCHEDULE 4.1 12 weeks from the date of LOI/PO whichever is earlier for Supply part and 6

Weeks from the date of HPCL/MECON’s intimation for Installation, Commissioning part.

4.2 Time is the essence and the completion of work within Time Schedule is an

essential condition of the Contract and the overall Project development programme. Contractor confirms to complete the total work and each separate designated activity of the work within time schedule.

4.3 Contractor within 15 days from the date of Fax of Intent shall submit a detailed

Completion Schedule related to engineering, and manufacturing, inspection, dispatch, erection, testing, commissioning etc. activities for Owner /Consultant’s approval.

4.4 Contractor shall ensure that the monitoring and control of the performance of the

Work are carried out in a manner consistent with agreed Completion Schedule, as referred above to ensure completion of work within Time Schedule.

4.5 For the site activities, Contractor shall give every day a report category-wise of the

Engineer and equipment deployed at each job site and of the progress of work achieved on the previous day in the format prescribed or approved by the Engineer-in-charge.

4.6 Contractor shall also submit Monthly, Weekly, and Daily Reports as required by

Owner / Consultant. Contractor shall also give catch-up plans in case of delays. 5.0 DRAWINGS AND DOCUMENTS FURNISHED BY OWNER 5.1 Drawings and other documents forming part of the Tender documents shall

constitute only a general guidance to enable Contractor to visualize the work and /or supplies contemplated under the Contract. Owner assumes no responsibility as to the correctness thereof, and Contractor is expected prior to Tendering to have undertaken a complete and independent survey and to have made his own study of all factors relevant to the performance of the work o making the supplies. Contractor shall carefully study the drawings and other Contract documents and shall bring to the notice of the Engineer-in-charge for clarification / correction, any ambiguity, error, discrepancy, contradiction or omission therein prior to the



execution of related work(s) or undertaking the related supply (i.e.) as the case may be. Any work performed or supply made by Contractor in absence of such clarification / correction, shall be at Contractor’s risks and responsibility and the relevant provisions with respect to defective works and suppliers shall apply there to.

5.2 Notwithstanding anything to the contrary in the Contract documents expressed or

implied, and notwithstanding the absence of any ambiguity, error, discrepancy, contradiction or omission in the plants / drawings as aforesaid the Engineer-in-charge shall be entitled at any time before or during the making of the related supplies or execution of the related works to amend / modify or alter any plan(s) or drawing (s) furnished to Contractor by Owner and Contractor shall, thereafter perform and/or to continue to perform the related work(s) or supply(ies) as the case may be, according to the amended / modified / altered plans / drawings. In case, alteration, amendment or modification shall result inreduction or increase in change in the work or supply, covered by the Lump sum Price so as to render unreasonable the Lump sum Price, Owner and Contractor shall negotiate a suitable reduction or increase as the case may be. Pending finalization of increase or reduction in price, Contractor shall continue to perform the work and/or make the supply to completion in all respects according to the Contract. All plans and drawings furnished by Owner to Contractor shall remain the property of Owner and shall be returned by Contractor to Owner on completion of the work(s) or prior to determination of the Contract.

6.0 DESIGN, DRAWINGS AND SPECIFICATIONS TO BE FURNISHED

BYCONTRACTOR. 6.1 Contractor shall furnish to Owner / Consultant a list of critical Drawings

/Documents along with schedule of their submission within 15 days from thedate of FOI / LOI. Revised schedule shall be furnished periodically at least once in month until the work is completed. The Contractor shall supply six (6) sets along with reproducible & soft copies (Hard / soft copy) as per requirement of Owner / Consultant.

6.2 Contractor shall furnish Drawings / Documents within scope of his work, prepare

detailed working and other plans, drawings, designs and other documents, as required for or in connection with the performance of the work orselection, procurement or making any supply and these plans / drawings shall be got



approved from Owner before Contractor commences with the performance of the relative work or with making the relative supply.

6.3 Contractor shall, if within the scope of his work, also carry out investigative and

design studies and prepare detailed design for the various materials and works codes, standards and practices, back-up calculations, computer runs and other details on basis of which the design have been prepared shall be subject to Owner approval. Detailed working drawings and material specifications shall be prepared and established on the basis of the approved design(s) and shall also be subject to Owner approval.

6.4 The design criteria, specifications and other engineering requirements and

information required for designing the system are included in the Tendering documents. Contractor shall prepare basic and detailed engineering drawings and other documents as required for performing or completing the work. Contractor shall also be responsible for generating or acquiring such additional data or information as may be required to perform the engineering, procurement, fabrication, transportation, installation, testing, pre-commissioning or commissioning activities and proving of the performance parameters.

6.5 Final construction shall be carried out as per the drawings prepared by Contractor

and approved, by Owner during the course of execution. The schedule of submission of various drawings and documents by Contractor to Owner shall be submitted by Contractor to Owner within 30 days from the date of Fax of Intent.

6.6 All drawings requiring approval shall be transmitted to the Owner by electronic mail

at their designated office. Contractor shall establish a compatible system with that available with the Owner for transmission of drawings and extension of time shall not be permissible on account of any delay in transmission of drawing for approval or for consequent approval of drawings. All drawings and documents of Contractor shall be reviewed by HPCL/MECON.

6.7 During such review, Owner may suggest modifications in the drawings

/documents. So long as the modifications suggested are to meet the technical requirements or the specifications or are designed towards the efficient operation of the plant or to meet statutory requirements without altering the basic design parameters given in the Tendering documents, these shall be carried out by Contractor within the scope of relative work or supply without extra cost to Owner



or extra time irrespective of the fact that these requirements have not been detailed in Tendering documents or in Contractor’s Tender.

6.8 Review of design / drawings is not obligatory on the part of Owner and complete

correctness / soundness of the design / drawings shall be the sole responsibility of Contractor irrespective of the fact whether the same has been reviewed by Owner or not.

6.9 Notwithstanding review of designs and drawings by Owner, any defect, if

attributable to Contractor, observed during commissioning and / or operating the plant or otherwise shall be rectified by Contractor forthwith by carrying out all necessary modifications, repairs, replacements and/or reconstruction, as the case may be, within the scope of work and scheduled time and without any extra cost to Owner.

6.10 The cost of preparing, submitting, correcting, modifying, re-performing and / or re-

submitting all documents and drawings furnished shall be included in the scope of work and the Lump sum Price of services, and the term “drawing” in the detailed specifications shall, unless excluded by context mean the drawings prepared by Contractor.

6.11 Contractor shall not permit any work to be done or any material to be supplied or

fabricated or manufactured at variance with drawings / designs /specifications approved by the Engineer-in-charge or other specified authority. The approved drawings may be released to Contractor for fabrication /installation progressively.

6.12 Owner shall be entitled at any time to suggest any amendment(s) / modifications(s)

in the plans/designs/drawings and Contractor shall there upon either convince Owner that such amendment / modification are unnecessary in whole or part or shall implement the same and shall cause the plans / drawings / designs to be accordingly amended; provided that no such approval of or amendments /modifications in the plans / drawings / designs suggested by Owner shall any way absolve Contractor of any of his obligations, responsibilities or liabilities under the Contract, inclusive of and relative to the utility and suitability of Contractor’s plans/drawings/designs in the relative work and the fulfilment of all specifications and performance guarantees of the consequent work, any such approval or suggestion by Owner as aforesaid being intended only by way of assistance to Contractor without any attendant liability upon Owner.



7.0 PROVISION OF SERVICES 7.1 General : Except for items required to be provided by Owner pursuant to this

Contract, Contractor shall provide all services (including services of others), supplies and utilities, required for the design and performance of the Work andall inputs, resources and materials required for or incidental to the performance thereof.

7.2 Compliance with Codes, Standards and Statutory requirements: Contractor agrees

that the Work and all systems, components and parts of the Work shall comply with : a) Those design criteria, codes and standards which are specified in this Contract,

Scope of Work and as agreed between Contractor and Owner, and b) The requirements of all relevant Indian authorities, including without limitation:

i) Factories Act ii) Indian Petroleum Rules; iii) Tariff Advisory Committee Guidelines; iv) Liquid effluent discharge, as per Minimal National Standards for liquid

effluents and air emissions conforming to Pollution Control Board Standards;

v) Civil Aviation Rules; vi) Requirement of Chief Controller of Explosives; vii) Requirement of Town & Country Planning Department; viii) Requirement of other authorities concerned with the PROJECT or out of

any licence, permission, sanction, approval or no objective relative thereto. 7.3 Contractor also agrees that all design criteria, codes and standards included in this

Contract are and at all times prior to the acceptance of the Work will be incompliance with the requirements of such authorities.

7.4 CONDUCT OF WORK 7.4.1 Manufacturing Procedures: Contractor shall perform, design and develop the Work

in accordance with the latest practicable techniques and innovations consistent with the management, engineering and design of the Work and the Schedule of Work. Contractor shall also perform the management, design and development to



incorporate, consistent withthe Schedule of Work, experience gained in the course of designing, developing and managing other similar work designed, developed and managed by Contractor.

7.4.2 Compliance with Applicable Laws and Regulations: Contractor shall attend by all

applicable laws, regulations and ordinances of all governmental authorities and of the administrative sub-divisions thereof applicable to this Contract and the performance by Contractor of theWork in any jurisdiction and by all rules and regulations of those Persons ad entities having control or jurisdiction over the Work. Contractor represents that it is fully aware of all of the legal requirements, business practices and rules and regulations which must be followed when performing the Work. Contractor shall furnish to Owner, promptly upon request, such information concerning Contractor, its Sub-contractors and their respective employees, servants and agents as Owner may be required to furnish to any applicable governmental or other agencies or authorities.

8.0 CONSTRUCTION POWER & WATER SUPPLY 8.1 Construction, Testing Power and water required for this work shall be arranged by

CONTRACTOR only. No claim of CONTRACTOR shall be entertained by HPCL/MECON on account of disruption in Construction Testing Power / Water supply.

8.2 Deleted 8.3 The Contractor shall remove all temporary buildings / facilities etc. Before leaving

the site after completion of works in all respect. 9.0 LABOUR LICENSE & UTILISATION OF LOCAL RESOURCES 9.1 The Contractor shall strictly comply with the provisions of Employees Provident

Fund Act and register them with Regional Provident Fund Commissioner (RPFC) “before commencing work. The Contractor shall deposit Employees” and Employers” contributions to the RPFC every month. The Contractor shall furnish along with each running bill, the challan / receipt for the payment made to the RPFC for the preceding month. The Contractor shall furnish the code number allotted by the RPFC Authority to HPCL before commencing the work.



9.2 In case the RPFC challan / receipt, as above, is not furnished, HPCL shall deduct 16% (sixteen percent) of the payable amount from Contractor’s running bill and retain the same as a deposit. Such retained amounts shall be refunded to Contractor on) production of RPFC Challan / receipt for the period covered by the related running bill.

9.3 Before starting of work, Contractor shall obtain a license from the concerned

authorities under the Contract Labour (Abolition and Regulation) Act, 1970 and shall furnish copy of the same to Owner / Consultant. The labour license for the appropriate labour shall be valid for the total contractual period including extended period, if any.

9.4 Employment of sub-contractors, if desired by the Contractor, shall be done

only with prior approval of HPCL. Please refer 5.C. of GCC Terms and conditions of this contract shall also be applicable for all subcontracts awarded by the Contractor.

10.0 INSURANCE AND LABOUR

Clause 6.e of GCC shall be applicable. In addition to the same the contractor shall obtain ALL RISK COMPREHENSIVE INSURANCE covering the entire scope of job as given in the tender.

11.0 TAXES, DUTIES & LEVIES ETC.

11.1 Indian Bidders:

11.1.1 Domestic bidder’s quoted prices shall be inclusive of all taxes, duties, cess, levies etc., paid or payable on the raw material /components incorporated or to be incorporated in the offered finished goods, packing and forwarding charges.

11.1.2 Bidder’s shall furnish the present rates of excise duty, education cess and sales tax / VAT payable on quoted finished goods.

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



11.1.4 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.

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

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

11.1.7 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.

11.2 Owner’s liability with respect to taxes and duties will be restricted to the following

only:

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

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

11.3 Deleted 11.4 Excise duty on site fabrication



11.4.1 Excise duty on site fabrication is presently not applicable. OWNER will neither entertain any claim no reimburse any such amount paid by CONTRACTOR on any account whatsoever.

11.5 Deleted 11.6 IMPORT MATERIALS

If the Indian bidders offer is based on certain imported raw materials required for equipments / materials offered, Indian bidders shall indicate the following details in the format provided in the SOR i. Maximum CIF value (item wise) ii. Rate of customs duty considered and included in the quoted price. iii. Customs tariff no. iv. Exchange rates considered.

11.6.1 Custom Duty (CD) Variation clause

The prices mentioned in offer are subject to Customs Duty (CD) variation. In case of any increase in rates of Custom Duty,Countervailing Duty, Special Additional Duty by the Indian Government through Gazette notification after the submission of last priced offer butwithin time Schedule for import of material, as mentioned, HPCL shall reimburse the increase in taxes & duties at actuals against satisfactory supporting documents. All downward variations in the rates of all such duties shall be to HPCL’s account and same shall be calculated on actual CIF value of imported material subject to the limit mentioned. Vendor shall submit all relevant documents to HPCL for the proof of duty paid by them within one month from the date of Bill of Entry. CD Variations will be paid only if the imports are made within the Contractual delivery date (CDD). For imports made beyond the period specified CD variation will be paid based on CD rate prevailing on the last date of the CDD. The actual date for import will be the import landing date in India as evidenced by Bill of Entry.

11.6.2 Custom Duty variation shall be paid by HPCL upto the limit of maximum CIF

value of imported components as indicated in the offer, i.e., Increase in Custom Duty shall be reimbursed up to the limit of CIFvalue of imported components as indicated in the Schedule of Price or actual value of imported components whichever is lower. Rates of Custom Duty along with tariff not considered by vendor in the Prices shall be indicated in the offer.



11.7 Deleted 11.8 Deleted 11.9 Subsequent Legislation – Change in Law & Regulation 11.9.1 Statutory variation shall be applicable as per clause 7D of GCC. The Variationof

taxes and duties arising out of the amendments to the central/state enactments,in respect of sale of goods / services covered under this bid shall be toHPCL’s account, so long as:

• They relate to the period after the opening of the unpriced bid, but before

thecontracted completion period ( excluding permitted extensions due to delay onaccount of the contractors, if any) or the actual completion period, whichever isearlier; and

• The vendor furnishes documentary evidence of incurrence of such variations, in addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever applicable.

11.9.2 Notwithstanding the foregoing, OWNER shall not bear any liability in respect of :

i) All taxes, duties other than specified above, fees, personal taxes on the personnel deployed by the CONTRACTOR, his sub-contractors and Agents etc.

ii) The Corporate Taxes in respect of CONTRACTOR and his subcontractors

and other Agents. 11.10 NO Price Escalation

The Contract Price shall be deemed to be firm and valid of the entire duration of the Contract till the completion of work in all respects and shall not be subject to any adjustment due to increase in price of materials, consumables, labour etc.or any other input for performance of work.

The General Conditions of Contract attached with the tender shall be applicable for the Services portion of the contract.



11.11 FOR FOREIGN BIDDERS 11.11.1 Foreign Bidders prices shall include all taxes, duties, levies and any

other charges including export licensing, if any, up to the FOB international Port of Shipment in supply schedule.

Further the prices shall include the Inland freight upto the site, Inland transit insurance, port levies, port handling and liasioning charges, Loading and unloading charges and storage charges and other charges if any for delivery of materials at site from the port of Entry in the other charges schedule.

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

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

11.11.4 It may be noted that HPCL can provide Tax paid certificate to foreign bidders. As per double tax avoidance agreement, vendors can avail the benefit in their country basis this tax paid certificate provided by HPCL. In such case vendors were requested to confirm that they shall pass on all such benefits to HPCL. Vendors shall indicate the benefit that can be passed on to HPCL in terms of percentage of their quoted price.

12.0 CONSTRUCTION AIDS, EQUIPMENT, TOOLS & TACKLES

Contractor shall be solely responsible for making available for executing the work all the requisite construction equipment, Special Aids, Barges, Vehicles, Cranes and all tools, tackle and testing equipment and appliances (hereinafter in this clause collectively referred to as the “Equipment”) including import thereof as



required. Incase of imports the rates applicable for levying Custom Duty on such Equipment and the duty draw back applicable thereon shall be ascertained by Contractor from the concerned authorities of the Government of India. It shall be clearly understood that Owner / Consultant shall not in any way be responsible for arranging Custom Clearance and/or for payment of any duties or other levies on such equipment and Contractor shall be fully responsible for all taxes, duties, levies and charges whatsoever applicable and payable both at the country of origin as well as within India and documentation with regard thereto. No adjustment whatsoever in Contract value shall be permissible for any change in customs duties or on other levies or on drawbacks applicable in respect of such Equipment brought into India.

13.0 GENERAL PROVISION WITH REGARD TO MATERIALS 13.1 Contractor shall within the scope of work undertake the following activities and

responsibilities in respect of materials.

i) Contractor shall in take delivery, ensure compliance of any condition for delivery applicable to deliveries from the concerned authority or carrier, and shall be exclusively responsible to pay and bear any detention, demurrage or penalty or other charges payable by virtue of any delay or failure by Contractor in lifting the materials or in observing any of the conditions aforesaid, and shall keep Owner indemnified from and against all consequences thereof.

ii) Contractor shall maintain a day to day account of all materials indicating the

daily receipt(s), consumption(s) and balance of each material and category thereof. Such account shall be in the format, if any, prescribed by the Engineer-in-Charge and shall be supported by all documents necessary to verify the correctness of the entries in the account. Such account shall be maintained at Contractor’s relative officer(s) and site(s) and shall be open for inspection and verification (by verification of documents in support of the entry as also by feasible verification of the stock) at all times by the Engineer-in-Charge and the site Engineer with authority in them at all times without obstruction to enter into or upon any godown or other place(s) or premise(s) where the materials or any part of them are lying or stored and to inspect the same himself and/or through his representative(s).



iii) All materials shall be taken delivery of, held, stored and utilized by Contractor as Trustee or Owner, and delivery of the material to Contractor shall constitute and entrustment thereof to Contractor, with the intent that any utilization, application or disposal thereof by Contractor otherwise than for permanent incorporation in the contractual works in terms of the Contract shall constitute a breach of trust by Contractor.

iv) All materials, including materials in respect of which licences / release orders

/ permits / authorization have been accorded in the name of Owner shall, without prejudice to the responsibility / liability of Contractor in respect thereof, vest in Owner at the time when it / they could have ordinarily vested in Owner on a direct delivery to Owner, and Contractor shall be deemed to be acting on behalf of Owner and as an agent of Owner in respect of deliveries taken by Contractor.

v) The Engineer-in-Charge may at his discretion require that all premises in

which any materials are stored, shall be double lock with the keys to one lock retained by the Site Engineer or his representative with the intent that all issues of materials shall be with the concurrence of the Site Engineer or his representative, as the case may be, provided that any such double-locking and / or concurrence as aforesaid shall only be an additional precaution and shall not anywise absolve Contractor of his full liabilities or responsibilities in respect of such material.

vi) Contractor shall at all times be exclusively responsible for any and all losses,

damages, deterioration, misuse wastage, theft, or other application or misapplication or disposal of the materials or any of them contrary to the provisions hereof and shall keep Owner indemnified from and against the same and shall forth with at his own cost and expenses replace any such material lost, damaged, deteriorated, misused, wasted, stolen, applied, mis-applied and/or disposed as aforesaid with other material or equivalent quality and quantity delivered to site at Contractor’s risks and costs in all respects.

vii) Contractor shall take out at his own cost and keep in force at all times during

transit, storage, execution and upto pendency of the work policy(ies) with Insurance Company(ies) approved by Owner for the fullreplacement value of the materials delivered at site against the risks offire, lightening, theft and execution for the full value of materials lying stored and / or unutilized for the time being. Such policies shall be in the joint names of Owner and Contractor



with exclusive right in Owner but without obligation to do so to take out and pay the premium for any such policy(ies) and deduct the premium and any other costs and expense in this behalf from the monies for the time being due or infuture becoming due to Contractor provided that no such policy(ies) of insurance as aforesaid shall anywise absolve Contractor from his full abilities hereunder, with the intent that the same shall be held merely by way of additional security and not by way of substitution of liability.

Notwithstanding anything stated above, it shall be the responsibility of Contractor to lodge ad pursue any and all claims under any policy(ies) or Insurance aforesaid, and nothing herein provided shall absolve Contractor from his full liabilities under the provisions of this Clause and associated provisions thereof.

viii) Notwithstanding anything herein provided and notwithstanding the

transference of all risks in respect of the materials to Contractor, Ownership in respect of the material shall at all times be and remain in Owner.

ix) An inventory shall be made by Contractor of all surplus materials and empties

including but not limited to scrap, wastages and unserviceable material supplied and / or remaining in the hands of Contractor upon completion of the Contract for whatsoever reason, and Contractor shall forthwith, upon being required to do so, place Owner in undisputed possession except all empties, wooden scraps, unused for steel, structural steel, plates, cement, sand and concrete shall be allowed to be taken and custody of all other materials shall be at his own risks and costs, lift, and transport the said material to Owner’s stores or otherwise as reasonably directed by the Engineer-in-Charge.

13.2 If Contractor shall default in replacing at the job site free of any cost to Owner any

material lost, damaged, deteriorated, misused, wasted, short, stolen, misapplied or disposed of within the provisions hereof above, or shall fall to return to Owner any surplus material or empties within the provision hereof above, Contractor shall be liable to pay to Owner the cost of such material or empties delivered at Owner” stockpile / godown plus departmental charges calculated at 25% (Twenty Five percent) of the said costs determined by the Engineer-in-Charge, and the decision of the Engineer-in-Charge as to such cost shall be final and binding upon Contractor.



14.0 FIRM PRICE

The price mentioned in the Contract, shall remain FIRM and FIXED and valid until completion of the work and will not be subject to any escalation for reason whatsoever.

15.0 INSURANCE

15.1 Transit Insurance :

For Foreign Bidders: The Insurance upto Port of Despatch shall be in vendor’s scope. HPCL shall arrange Marine Transit Insurance for the supply of materials from the port of despatch till the Port of Entry. However vendor shall intimate the dispatch particulars immediately after dispatch. Further the contractor shall take ALL RISK COMPREHENSIVE INSURANCE for the material to be supplied at site from the port of Entry which in this case is Chennai.

For Indian Bidders : The contractor shall take ALL RISK COMPREHENSIVE INSURANCE for the materials to be supplied.

15.2 Insurance for Services : Refer Clause 6.e of GCC

16.0 SETTING OUT OF WORK

Contractor shall give the Engineer-in-Charge not less than 24 (Twenty four) hours notice in writing of his intention to set out or give levels for any part of the work so that arrangements may be made for checking the same. Work shall be scheduled so as to enable checking lines and levels on any part of the work. Contractor shall within the scope of work provide all assistance, tools, gauges and instruments required to enable the Engineer-in-Charge to check the setting out ofworks.

17.0 COORDINATION WITH OTHER AGENCIES

Contractor shall be responsible for proper co-ordination with other agencies operating at the site of work so that work may be carried out concurrently, without any hindrance to others. Engineer-in-charge shall resolve disputes, if any, in this regard, and his decision shall be final and binding on Contractor.If and when required for the co-ordination of the works with other agencies involved at site, Contractor shall within the scope of work, re-route and/or prepare approaches and working areas as may be necessary.



18.0 QUALITY ASSURANCE / QUALITY CONTROL PROGRAMME 18.1 Contractor shall indicate in its techno-commercial Tender the Quality Assurance

Programme containing the overall quality management and procedures, conforming to ISO 9001, proposed to be adhered to during the execution of the Contract. After the Acceptance of Tender a detailed Quality Assurance Programme to be followed for the execution of the Contract under various divisions will be submitted to Consultant and Owner for his review.

18.2 Contractor shall establish, document and maintain an effective quality assurance

system as outlined elsewhere in the Contract document. 18.3 Owner / consultant shall be entitled at any time and/or at any stage of the work to

inspect witness and/or review the Quality Assurance Programme. 18.4 The Quality Assurance Plan for various equipment and materials duly approved by

Third Party Inspection Agency shall be furnished to the Consultant and Owner prior to commencement of manufacturing. The Consultant and Owner shall review the same within 2 (two) weeks of its submission and after incorporating the comments of the Consultant and Owner the final Quality Assurance Plan duly approved by the third party inspection agency shall be submitted to Owner and the Consultant.

18.5 The Inspection Agency shall clearly specify in their respective approval reports, the

cross reference of the document under which is approval is being given. It shall be further understood that neither acceptance nor erection of any equipment/ material shall be done without the Code-I approved drawings / documents, as the case may be.

19.0 CONSTRUCTION EQUIPMENT & SITE ORGANISATION 19.1 Contractor within his scope of work shall provide sufficient labour, staff (qualified

and unqualified), machinery, tools and equipment, material and things whatsoever necessary for the proper performance of the work and to ensure there at of progress as envisaged in the Progress Schedule.

19.2 If the opinion of the Engineer-in-Charge or Site Engineer (the opinion of either of

whom in this behalf shall be final) the work(s) operation(s) at any job site or as a whole is / are not meeting the progress necessary to achieve the relative date of completion in the Progress Schedule, the Engineer-in-Charge or Site Engineer



may instruct the Contractor to employ / provide additional labour, staff, machinery, tools, equipment or material necessary to achieve the required progress and Contractor shall forthwith comply with such instruction(s).

19.3 Should the Engineer-in-Charge or the Site Engineer at any stage (not withstanding

at the time for completion of the relative work or item of work as specified in the Progress Schedule has not expired) be of opinion (the opinion of the Engineer-in-Charge / Site Engineer in this behalf being final) that the performance of any work or item of work by the Contractor is unsatisfactory (whether in the rate of progress, the manner, qualify or workmanship of the performance in the adherence to specifications, or in the omission, neglect or failure to do, perform, complete or finish any works or item, or for any other cause whatsoever), the Engineer-in-Charge/Site Engineer shall be entitled (without prejudice to any other rights of the OWNER and / or obligations of the Contractor under the Contract) at his discretion and that the risk and cost of the Contractor either to appoint, procure and/or provide such labour/staff/machinery/tools/materials etc. as the Engineer-in-Charge / Site Engineer (the decision of either of whom shall be final and binding upon the Contractor) considers necessary to achieve satisfaction in relation to the particular work, operation or item or work, or the work as a whole, as the case may be, or to appoint one or more subcontractors for the satisfactory performance thereof or any part thereof, or may undertake the performance thereof or any part thereof, departmentally, and the provisions shall apply to any action taken by the Engineer-in-Charge / Site Engineer pursuant to this clause in the same manner as applicable to an action taken under the said clause.

19.4 After and so far as the performance of any work or supply of any materials under

Clause 19.2 or under Clause 19.3 shall involve payment of any advance(s) or down payment(s) or any other payment in advance of the payments for relative works or supplies to the Contractor, such payment(s) shall be funded out of the amounts due or becoming due on the Running Account Bills or other Bills of the contractor, and or out of any Bank Guarantees to secure advance(s) or otherwise held by the Owner pursuant to this contract.

19.5 Any action, taken by the Engineer-in-Charge or Site Engineer under clause 19.2

and / or 19.3 shall be without prejudice to the full liability of the Contractor under the Contract including but not limited to the Owner’s full rights under clauses everywhere mentioned in Tender Documents.



19.6 During the progress of the works the Contractor shall keep the site reasonably free from all unnecessary obstruction and shall store or dispose of any constructional plant and surplus materials and clear away and remove from site any wreckage, rubbish or temporary works no longer required. Disposal of surplus materials shall be in accordance with the instructions the Site-Engineer or Engineer-in-Charge.

20.0 CONSTRUCTION 20.1 Contractor shall within the scope of work observe in addition to specifications, all

National and local laws, ordinances, rules and regulation and requirements pertaining to the work and shall be responsible for extra costs arising from violation of the same.

20.2 Various procedures and methods to be adopted by Contractor during the

construction as required in the respective specifications shall be submitted to Owner / Consultant in due time and well in advance of the specific work for approval.

20.3 Contractor shall carry out required supervision as per Quality Assurance Plan

andfurnish all assistance required by Owner / Consultant in carrying out inspectionwork. Owner / Consultant will have authorized representatives present who shallhave free access to the work at all times. If Owner / Consultant representative notifies Contractor’s representative of any deficiency in any work or in the supervision thereof, Contractor shall make every effort to carry out such instructions consistent with best industry practice.

21.0 EXISTING FACILITIES 21.1 Underground drains, pipes, cables, overhead wires and similar services

encountered in the works shall be guarded from injury by Contractor at his own cost so that they may continue in full and uninterrupted use to the satisfaction of Owner / Consultant. Re-routing / re-locating as required will be done by Contractor at no extra cost to Owner / Consultant with prior approval.

21.2 Contractor shall follow good engineering practices keeping in view the safety of

existing services. Should any damage be done by Contractor to any mains, pipes, cables or lines (whether above or below ground etc.) whether or not shown on the drawings Contractor must make good or bear the cost of making good the same without delay to the satisfaction of the Engineer-in-Charge. However, if some



unknown material / object not envisaged in the Tender is found underground then shifting / relocation of the same will be in Contractor’s scope for which cost of material will be reimbursed by Owner. Cost of labour and consumables, however, will be borne by Contractor.

22.0 TEMPORARY WORKS 22.1 All temporary works, ancillary works, enabling works, including dewatering of

surface and sub soil water temporary drains at the work site requiring approaches to working areas, wherever required, for execution of the work, connected with the Work shall be responsibility of the Contractor and the Contract Price for Work is deemed to be inclusive of cost of such works.

22.2 Contractor shall take care to keep clean the job site at all times for easy access to

the job site and also from the safety point of view to the satisfaction of the Engineer-in-Charge.

23.0 GENERAL GUIDELINES DURING AND BEFORE ERECTION 23.1 Contractor shall be responsible for organizing the lifting of the equipment in the

proper sequence for orderly progress of the work and to ensure that access routes for erecting the other equipment are kept open.

23.2 Deleted 23.3 During the performance of the work, Contractor shall at his own cost keep

structures, materials and equipment adequately braced by guys, struts or other approved means which shall be supplied and installed by Contractor as required till the installation work is satisfactorily completed. Such guys, shoring, bracing, strutting, planking supports etc. shall not interfere with the work of other agencies and shall not damage or cause distortion to other works executed by Contractor or other agencies.

23.4 Contractor shall duly comply with manufacturer(s) recommendations and detailed

specifications for the installation of the various equipment and machines. 23.5 Various tolerances required as marked on the drawings and/or in accordance with

the specifications and/or instructions of the Engineer-in-Charge shall be maintained.



24.0 ERECTION OF EQUIPMENT 24.1 Contractor shall submit erection procedure / schemes for erection to Engineer-in-

Charge for his approval. No material shall be erected in the absence of an approved erection procedures / scheme for such equipment. However, approval of erection procedure / scheme as above shall not absolve the Contractor of any of its obligations under the Contract.

24.2 The quoted rates of the Contractor shall include making hard stands for cranes

erection as required and load testing of all lifting equipments including Crane if any, tools and tackles as required to establish the lifting capacity of the said equipments, tools and tackles.

25.0 ADDITIONAL WORKS / EXTRA WORKS 25.1 Owner reserves the right to execute any additional works / extra works, during the

execution of work, either by themselves or by appointing any other agency, even though such works are incidental to and necessary for the completion of works awarded to Contractor.

25.2 In the event of such decisions taken by Owner, Contractor is required to extend

necessary cooperation and act as per instructions of Engineer-in-Charge. 26.0 SHIPPING AND INLAND TRANSPORTATION 26.1 Shipping documents shall include “Clean on Board” Ocean Bill of Lading, and shall

be sent by Air Courier so as to reach at least two weeks before the arrival of the consignment at the port of entry.

26.2 Shipping / Transport documents of the following types are not acceptable :

Copies produced by reprographics or other automated systems or as carboncopy, even if marked as originals or appears to have been authorized. However Bills of Lading issued in a set of more than one original with one typed original and the other carbon copies signed manually and marked ‘original’ and ‘negotiable’ are acceptable.

a) Transport documents bearing reference by stamp or otherwise to costs additional to the freight charges.

b) Short form or blank back transport documents.



26.3 Shipping / Transport document: a) Must contain all the conditions of carriage on the original document b) Must not indicate the place of final destination as being different from the port

of discharge. c) Must not contain the indication ‘intended’ or similar qualification in relation to

the vessel or other means of transport or port of landing or port of discharge. d) Must be issued by the carrier or his agent and not by any freight forwarder e) Must not contain a provision that goods may be carried on desk.

26.4 The goods shall be dispatched along with the following details shall be indicated in

the GR :

Consignee : Description of Goods : Weight : Actual weight (Supported by weighing slip) Volume :Dimensions in Feet (In case of voluminous material) Insurance : Truck No. : Delivery : Freight : Endorsement : The following documents along with material “MUST” be sent through transporter. a) Transporter’s copy of Excise-Gate-Pass-cum-Invoice b) Challan / Packing list c) Copy of inspection release note d) Copy of Test Certificate e) Copy of this dispatch clearance note f) Copy of the transit insurance

27.0 REGISTRATION OF THE CONTRACTOR WITH STATUTORYAUTHORITIES

Within 30 days of execution of the Contract agreement, Contractor shall, insofar as necessary, register itself and the Contract at their own cost with the Reserve Bank of India, Income Tax, Sales Tax and other statutory authorities as required under the rulesand regulations governing in India. The Contract Price shall be deemed to include allcosts towards the same. A copy of all documents related to all such registration shall besubmitted to Owner / Consultant for record.



28.0 Deleted 29.0 SUSPENSION OF WORK 29.1 “Subject to the provisions of this Contract, the Contractor shall if ordered inwriting

by the Engineer-in-Charge / site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered to suspended until he shall have received a written order to re-start. Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended unless the suspension is by reason of default or failure on the part of the Contractor (and the reasons for the suspension stated by the Engineer-in-Charge in any notice of suspension as aforesaid inclusive as to the existence of default or failure on the part of the Contractor, if so stated in the notice shall be final and binding upon the Contractor). Neither Owner nor Contractor shall be entitled to claim compensation or damages on account of such an extension oftime.

29.2 During the period of any suspension, Contractor shall at his own cost within the

scope of the relative work properly protect and secure the work and materials so far as is necessary in the opinion of the Engineer-in-Charge”.

30.0 LIQUIDATED DAMAGES FOR SERVICES

APPLICABLE AS PER CLAUSE NO 10 OF GCC. 31.0 DEDUCTIONS FROM CONTRACT PRICE

In addition to Liquidated Damages as provided for, Owner shall be entitled to deduct from any payment due to Contractor, any cost, damages or expenses for which Contractor is liable under the Contract. All such costs, damages or expenses, incurred by Owner, will be supported by appropriate and certified vouchers or explanations, to enable the contractor to properly identify such claims. Such claims shall be paid by the Contractor within 15 days of identification of Owner’s claim and if not paid by the Contractor within the said period, the Owner may deduct the amount due or becoming due to the Contractor under the Contract or may be recovered by actions of law orotherwise, if the Contractor fails to satisfy the Owner of such claims.

32.0 EXTENSION OF TIME

Applicable as per clause 5d of GCC



33.0 ARBITRATION

Applicable as per attached ACTC (Annexure VII & Annexure VIII as applicable)

34.0 GOVERNING LAW

The Contract shall be governed in all respects by the law of the Republic of India. 35.0 WITHHOLDING, ACCOUNTING AND TAX REQUIREMENTS

Contractor shall withhold from wages and salaries of its agents, servants or employees all sums required to be withheld by the laws of India, and to pay the same promptly and directly when due to the proper authority(ies). Contractor further agrees to comply with all accounting and reporting requirements under the laws of India, and to pay and bear the cost of such compliance. Upon request by Owner, Contractor shall furnish Owner evidence of payment of applicable withholding taxes in India.

36.0 GUARANTEES

These guarantees and liabilities are in addition to and without derogation from the responsibilities, liabilities and guarantees of Contractor elsewhere in the Tendering Documents. For the purpose of this Clause, Guarantees means

• Engineering guarantee • Workmanship guarantee • Performance guarantee

Contractor shall be responsible within the relative scope of supply and / or scope of work, as the case may be, for the aforesaid guarantees as herein more specifically set out and detailed.

36.1 ENGINEERING GUARANTEE 36.1.1 Since design & engineering and detailed engineering is within Contractor’s

scope of work and the work shall be executed based on the engineering performed, it shall be the prime responsibility of Contractor to carry out such design and engineering in accordance with good and sound engineering practices and standard codes applicable to such design and / or engineering practices using international standards, Indian codes and Regulations and



specifications, drawings and standards of Tendering document wherever applicable to such design and or engineering.

36.1.2 In case any error or omission in such design or engineering requires

reengineering which results in any new requirements for equipment / materials, the same shall be supplied and / or carried out by Contractor within the scope of relative work and/or supply and within the contractual period without extra cost to Owner or entitlement of extension of time. Contractor shall guarantee that the system design for the Unit shall meet and comply with the licensors package and:

• Systems comply with ISO 9001 requirements • The equipments selected • The Site Criteria • The Engineering Specifications, standard and design guides • The Front End Engineering Data as mentioned in Tendering Document.

36.1.3 Before carrying out Detailed Engineering, Contractor shall study Front End

Engineering Data for its accuracy to meet their proposed guarantees and point out any deficiencies to Owner as well as Consultant, the modifications proposed to be carried out to overcome the deficiency and rectify the same at no extra cost only after licensor approval is obtained, before proceeding with re-work. Contractor if required shall carry out corrective technical studies and engineering as may be required with no extra cost to Owner.

36.2 WORKMANSHIP GUARANTEE 36.2.1 Workmanship for manufacture and construction shall be carried out in

accordance with the stipulations of the Tendering Documents. Any rectificationof any defective material supply or work done shall be made good in accordance with the instructions of Engineer-in-Charge without any extra cost or entitlement of extension of time to Contractor or shall, if so considered by Owner, be replaced by new equipment within the relative scope of work and/or supply.

36.2.2 Contractor guarantees and accepts full responsibility for all materials (including

equipment and all components / parts) and works within Contractor’s scope of supply and / or works with regard to :

• Selection of materials ;



• Material specifications and metallurgy as per Tendering Documents; • Fabrication / manufacturing workmanship; • Work specifications as per Tendering Documents; • Engagement of highly experienced, reliable and qualified suppliers,

engineers and / or sub-contractors. 36.3 PERFORMANCE GUARANTEE 36.3.1 Deleted 36.3.2 Deleted 36.3.3 If on any testing any material or equipment or the Unit does not meet the design,

rated or guaranteed performance relative thereto, Contractor shall forthwith within Contractor’s scope of work and at no additional cost to Ownerundertake such additional tests and/or operations as are necessary to identify the cause of such failure.

36.3.4 If as a result of such tests and / or operations it is determined that the design,

rated and / or guaranteed outputs or capacities have not been met because of adefect in any material(s) (including machines and equipment) supplied by Contractor, Contractor shall forthwith in consultation with the Engineer-in-Charge take steps necessary to cause the defect to be identified and rectified, either by re-placement of the defective material, machine or equipment or part thereof or by repair.

36.3.5 If as a result of such tests and/or operations it is determined that the design,

rated and/or guaranteed outputs or capacities have not been met because of adefect in any material(s) including machines and equipment) supplied by Contractor, Contractor shall forthwith in consultation with the Engineer-in-Charge take steps necessary to cause the defect to be identified and rectified, either by replacement of the defective material, machine or equipment or part thereof or by repair or replacement thereof. Contractor shall for this purpose forthwith establish a Time Schedule acceptable to the Engineer-in-Charge for such replacement / rectification bearing in mind the exigencies of the Projectrequirement. Should Contractor fail to establish such Time Schedule, the Engineering-in-Charge shall establish the Time Schedule, and the Time Schedule so established shall be binding on Contractor.



36.3.6 Should Contractor thereafter fail to adhere to a Time Schedule so established for the replacement / rectification, Owner may (but without obligation to do so)take over in whole or part such replacement / rectification at the risk and cost ofand as agent of Contractor. In so doing, Owner shall be entitled to identify andemploy through private negotiations the quickest available resources of supply and/or work without resorting to the Tender process or any other form of competitive Tendering. The expenses of all such rectification / replacement work shall be to Contractor’s account.

36.3.7 Any item missed out or which can be inferred from the Tender documents and

items required to satisfy the guarantees is deemed to have been included by Contractor.

37.0 STATUTORY APPROVALS 37.1 Unless otherwise specified in the Tendering Document, it shall be Contractor’s sole

responsibility to obtain all approvals from any authority (except for environment clearance) required under any statute, rule or regulation of the Central or State Government concerned for the performance of the Contractand/or the contractual work. The application on behalf of Owner for submission to relevant authorities along with copies of required certificates complete in all respects shall be prepared and submitted by Contractor well ahead of time so that the actual construction / commissioning of the works is not delayed for want ofthe approval / inspection by the concerned authorities. Contractor shall arrange for the inspection of the works by the authorities and will undertake necessary co-ordination and liaison required and shall not be entitled to any extension of time for any delay in obtaining such approvals.

37.2 Statutory fees, if any, paid for all such inspections and approvals deemed to be

included in the Lump sum price. 37.3 Any deficiency(ies) as pointed out by any such authority shall be rectified by

Contractor within the scope of relative supply and/or work at no extra cost to Owner. The inspection and acceptance of the work by such authorities shall, however, not absolve Contractor from any of its responsibilities under this Contract.



38.0 COMPLETION DOCUMENTS 38.1 AS BUILT DRAWINGS

Upon completion of the work, as part of the completion documents, Contractorshall complete all of the related drawings to the “AS BUILT” stage (including all vendor / sub-vendor drawings for bought out items) and provide Owner /Consultant, the following:

a) Two complete sets of all original drawings in CD. b) Six complete sets of prints including two sets of tracings c) Six complete sets of reduced size (279mm X 432 mm) prints. d) Six complete bound sets of Contractor’s specification including design

calculations. e) Any other drawing / document / report specified elsewhere in the Tendering

documents. Three sets of each Purchase Requisition of equipment. 38.2 DOCUMENTS

The following documents shall be submitted in hard binder by Contractor in 6(six) sets as a part of the completion documents:

a) Welding Procedure specifications. b) Procedure Qualification Records. c) Welder performance qualification Test Records d) Welder qualification log. k) Batch Test Certificate from manufacturers for electrodes l) Hydrostatic and other test results & reports. m) Commissioning checklists. n) Documents indicating satisfaction of all other requirements as specified in the

respective specifications. o) As built drawings. q) Material Inspection / Test Report / Data Sheets for all the materials supplied. r) Any other drawing / document / report specified elsewhere in the Tendering

Documents or asked by Owner / Consultant. s) The vendor shall submit to HPCL/MECON all drawings, documents, catalogues,

O&M and Erection Manuals for all the bought-out items.



39.0 PACKING, FORWARDING AND SHIPMENT OF SUPPLIES SUPPLIES 39.1 Contractor shall, wherever applicable, after proper painting, pack and crate all

items in such a manner as to protect them from deterioration and damage during transportation to the site and during storage at the site till the time of erection. Contractor shall be responsible for all damage(s) due to improper packing.

39.2 Contractor shall notify Owner / Consultant of the date of each shipment from his

works and expected date of arrival at the site for the information of Owner /Consultant.

39.3 Contractor’s notification shall also give all shipping information concerning the weight size and content of each packing and such other information as Owner /Consultant may require.

40.0 INVOICES 40.1 The following documents shall be sent to Owner / Consultant within 3 (three) days

from the date of shipment :

a) Invoice (2 copies) b) Packing List (2 copies) c) Test certificate (4 copies) d) Railway receipt / Lorry receipt (2 copies) / Bill of lading documents e) Copy of Fax intimating Despatch particulars to HPCL for arranging Insurance in

case of foreign bidders (2 copies) f) Third Party Inspection Release Note or Inspection Certificate as per QAP

approved by Owner / Consultant or waiver Certificate issued by Owner /Consultant (2 copies)

41.0 ENTRY PASSES, GATE PASSES

Contractor and its sub-Contractors and their employees and agents shall strictly adhere to the safety and security regulations of Owner, as stipulated in ‘Safety Manual’ and ‘ContractorSafety Manual’, along with enclosure, of HPCL.

41.1 ENTRY PASSES 41.1.1 Contractor shall comply with all necessary formalities to enable Owner issue

Entry Passes for entering into the site premises.



41.1.2 Unutilized / expired Entry Passes / Identity Cards shall have to be immediately

surrendered to Owner. 41.1.3 Contractor is required to keep an account and track of all Entry Passes issued

and surrendered. 41.1.4 Gate Passes / Identity Cards issued by the Security Section should always be

displayed by Contractor’s or sub-Contractor’s employees while working inside the Site.

41.2 MATERIAL GATE PASSES 41.2.1 To bring material, equipment, tools and tackle and other things inside the site for

construction work, Contractor has to produce proper documents of title or authority relative thereto for inspection by Owner personnel at gate. There shall be checked thoroughly by Owner’s personnel at the Gate and recorded in their Register before permitting the same to be brought inside the premises. It is Contractor’s responsibility to see that the entry is duly recorded in the Register withproper Entry Number, date and signature of Owner’s authorized representative and that the supporting challans / documents are stamped and signed by Owner’s personnel at the gate at the time of entry.

42.0 WORK PERMIT AND SAFETY REGULATIONS

The Contractor shall strictly follow the safety regulations as per the ‘Safety Regulations for Contractors’ attached with this tender.

43.0 COMMISSIONING 43.1 COMMISSIONING 43.1.1 Contractor shall be deemed to have successfully commissioned the plant

contracted for when all the requirements stipulated in the Tendering documents under clause shall have been met and when the Engineer-in-Charge shall have issued a Final Testing and Commissioning Certificateas elsewhere herein envisaged.



43.1.2 Contractor shall be responsible to commission and to prove Contractor’s guarantees with respect thereto. The commissioning shall to the extent necessary be carried out under the supervision of Owner’spersonnel.

43.1.3 The mobilization and/or retention of Contractor’s personnel until completion of

Final Testing and commissioning shall be included within the Lump sum Price of services. If, however, for any reason beyond the control of Contractor the commissioning, Contractor may in consultation with Owner demobilize some or all of its personnel brought to or retained at the site for the purpose of commissioning. Contractor shall re-mobilise the required personnel on receipt of notice for commissioning as stipulated above

43.1.4 In addition, within Contractor’s responsibilities for commissioning and within the

price of services Contractor shall be required to maintain watch and ward of and ensure the safety and integrity of the Unit until successful completion of Final Testing and Commissioning.

43.1.5 As and when ready to be commissioned, Owner shall give Contractor notice of

15(fifteen) days for commissioning of the Unit. 43.1.6 Deleted 43.1.7 Deleted 43.2 Deleted 44.0 SPARE PARTS 44.1 Deleted 44.2 O&M Spares

The bidder shall furnish priced list of 2 years O&M spares, if any, separately along with the price bid. However list of the same without prices shall be given by the bidder in the un-priced bid. Such price list shall remain valid for a minimum period of 12 (twelve) months after Mechanical Completion. Price of these spare shall not be included in the quoted lump sum price and shall not be considered for evaluation of the bid. The bidder shall also furnish the mark numbers, original supplier details for thelist of spares.



45.0 GUARANTEE PERIOD / DEFECTS LIABILITY PERIOD 45.1 Guarantee period shall be 18 months from the date of installation or

12 months from the date of commissioning of the system, whichever is earlier.

45.2 If during the aforesaid period, any equipment / material / work is discovered not

confirming to the description and quality required or deteriorated otherwise than by fair wear and tear, the Contractor shall upon notification by the Owner, promptly and its own cost repair / replace or otherwise make good such defects as well as any damage to the works caused by such defects. If the Contractor fails to replace / repair such defective equipment / material / work within a reasonable time depending upon exigency of the situation, the Owner will be entitled to deploy other agencies to carry out the same and if such work which in the opinion of the Owner’s representative was the liability of the Contractor to do at his own expense under the contract, then all expenses consequent there on or incidental thereto and also damage sustained on account of such defective material by any other associated or allied plant, equipment and structures andother facilities forming part of the works shall be recoverable from the Contractor.

45.3 The Contractor agrees to make payment against such claim within 30 days of

receipt thereof. If the Contractor fails to pay the amount to the Owner within 30 days from the receipt of the invoice, then amount may be deducted by the Owner from any money which is due or may become due to the Contractor including Owner’s right to encase the Security Deposit and/or Performance guarantee furnished by the Contractor.

45.4 The period of Guarantee for any part of the works shall be as specified above. If

the works or any part thereof cannot be used by reason of such defect / damage and or making good of such defect and or damage, the guarantee period of the works or such part thereof as the case may be, shall be extended by a period equal to the period during which the works or such part thereof cannot be used by the Owner due to any of the aforesaid reasons. The Contractor shall arrange for the performance guarantee to remain valid until the expiration of the extended guarantee period with respect to such part of the works.

45.5 To the intent that during the period of Guarantee the works shall remain in as good

condition (fair wear and tear excepted) as they were at the beginning of the period



of Guarantee and that the equipment / material continue to perform or operate (fair wear and tear excepted) during the period of Guarantee in accordance with (all relevant Contract Specifications or conditions to the satisfaction of the Owner. The contractor shall do all repair, amendment, reconstruction rectification and making good of defects, imperfections, shrinkages and settlements, including where necessary there pair or, if repair proves impossible, the replacement of any equipment / material which the Owner requires of the contractor in writing during the guarantee period or within one month after the expiration of the period of guarantee as a result of any inspection made during the period of the Guarantee.

45.6 The Contractor shall ensure that all guarantees issued by manufacturers of Plant,

Machinery, Equipment supplied by Contractor or by Contractor’s sub-contractors and covering the performance of the said Material and Equipment supplied by them be issued in the joint name of the contractor and the Owner such that the Owner enjoys the same benefits and protection provided by any such guarantees as does the Contractor. The insurance or existence of any such guarantees shall however in no way relieve the contractor of his obligations under the contract, inparticular with reference to the provision of this section.

45.7 The Contractor shall be and remain responsible during the period of guarantee for

making good, with all possible speed any defects arising from Contractor’s defective design and engineering (other than a design made, furnished or specified by the Owner) of the aforesaid structure which may develop under the conditions provided for in the Contract and under proper use in the works or any portion thereof.

45.8 The Contractor shall carry out all the works and supply and install all replacement

materials and equipment pursuant to this section at no additional cost to the Owner including the cost of timely transport of materials and equipments to site if the need for the work is due to poor workmanship or faulty materials, plant, equipments supplied by the contractor or due to the use of materials or equipments not in accordance with the contract or Specification or due to neglect or failure of the Contractor to comply with any obligations.

45.9 In case of Spare Part supplied under the Contract, the contractor shall be fully

responsible during the guarantee period of the correctness of the parts. The Contractor shall replace such parts, which may require replacement under the manufacturer’s guarantee clause free of cost to the Owner within the shortest possible time.



45.10 During the guarantee period if the contractor is requested by the Owner to visit the

site for checking and carrying out remedial work of facilities and equipment, all expenses towards personnel, travelling to and from the site, living and accommodation etc. for remedial works shall be borne by the contractor unless such defects are caused by the Owner, its agents or other contractor.

45.11 The above guarantee conditions shall not apply for the part of the works for which

the Contractor proves to the satisfaction of the Owner that the structures /facilities have been modified without consent of the Contractor and equipment have been used / operated by the Owner disregarding operating instructions provided by the Contractor or equipment manufacturer.

46.0 Security Deposit & Retention Money: The security Deposit and Retention Money

clauses are not applicable. Hence the clause 4b and 7c of GCC are not applicable.

Performance Bank Guarantee: performance bank guarantee as per our format for 10% of the order value including both supplies and services. This bank guarantee shall be valid for the guarantee period plus one month and shall be issued by any scheduled banks in India other than cooperative banks. The Bank Guarantee shall be non revocable bank guarantee. All Foreign Bank Guarantees will be confirmed by a bank located in India acceptable to the Corporation.

47.0 ADVANCE & PAYMENTS 47.1 MOBILIZATION ADVANCE:

No mobilization advance shall be released by owner to the contractor. 47.2 ON ACCOUNT PAYMENTS :

As in the Tender under payment terms. Note :

(i) If for no fault or cause attributable to Contractor, the commissioning and /or grant of final test and commissioning certificate of the unit is delayed beyond six months from the Mechanical Completion of the Unit, Owner, without prejudice to Contractor’s obligations, shall release subject to such adjustments as are permissible to Owner, the balance of the Price of design & engineering, supply of materials and the installation except which is towards commissioning activity, as applicable and payable to Contractor against Contractor furnishing of Bank



Guarantee (s) from a schedule bank in India (which includes the Indian branch of a Foreign Bank) acceptable to Owner in a format prescribed by Owner for an amount equivalent to the amount of the payment to be released. The validity of such Bank Guarantee (s) shall be initially for a period of six months, which can be extended for a further period of six months.

(ii) All payments shall be released only after finalization of the planning & Monitoring

documents / schedules. (iii) The amount certified for payment by the Engineer-in-Charge on any Running

Account Bill within the provisions for “on account” payments in the Contract documents shall be conclusive for the determination of any on account payments and no claim shall be entertained by Owner contrary thereto or incontradiction thereof.

48.0 INCOME TAX

Income Tax at the prevailing rate as applicable from time to time shall be deducted from the Contractor’s invoices as per Income Tax Act and Contract Price is deemed to include.

49.0 COMPARISON OF BIDS 49.1 The Owner will evaluate and compare bids previously determined to be

substantially responsive pursuant to the provisions of the bid document.

49.2 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.



49.3 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.

49.4 Owner's evaluation and comparison of prices of previously determined

substantially responsive bids shall take following in account :-

49.4.1 A) In case of Domestic Bidders, the evaluated price shall include the following:

i) FOT Dispatch point price ii) All taxes / duties / education Cess as applicable on finished goods

B) In case of Foreign Bidders, the evaluated price shall include the following: FOB Port of shipment prices including port levies and port handling charges at the port of despatch and erection/commissioning charges along with:

i) Port levies / port handling charges etc. at the receiving location ii) Inland freight towards transportation from Port of Entry to respective

locations, would be applied. iii) Inland transit insurance iv) Loading and unloading charges v) Storage levies at the port of entry vi) Other charges if any for delivery of materials at site from the port of Entry

• Price preference to offset 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



• THE EVALUATION OF THE TENDER WILL BE STRICTLY ON OVERALL L1 BASIS

ONLY WHICH IS INCLUSIVE OF BOTH SUPPLY AND ERECTION / COMMISSIONING OF THE INTERNAL FLOATING ROOF SYSTEM FOR INDIAN BIDDERS AND INCLUSIVE OF SUPPLY, ERECTION / COMMISSIONING AND OTHER CHARGES FOR FOREIGN BIDDERS.

• FOR FOREIGN BIDDERS, CUSTOMS DUTY AS APPLICABLE AT THE PORT OF ENTRY SHALL BE PAID BY THE VENDOR ON BEHALF OF HPCL AND THE VENDOR SHALL BE REIMBURSED UPON PROOF OF PAYMENT, IF THE ORDER IS PLACED ON FOB BASIS.



ANNEXURE – VII

ACTC FOR (FOREIGN BIDDERS) FOR

Design, Manufacturing, Supply, Installation, testing and Commissioning of







Agreed Commercial Terms and Conditions for Foreign Tenderers (ACTCFT) Attachment to Enquiry No. MEC/23KM/T-33/11000024 Note to Bidders : 1. TO BE DULY FILLED, SIGNED AND SUBMITTED ALONG WITH YOUR UN-

PRICED OFFER FAILING WHICH YOUR OFFER WILL BE LIABLE FOR REJECTION.

2. Clauses confirmed hereunder shall not be repeated / altered in your quotation. 3. Deviations if any shall be indicated as an Annexure to this format. Such deviations

shall lead to loading of prices or rejection of offer. Clause

No Terms & Condition Vendor Confirmation

1

"Two Bid System: Un-priced bid and priced bid submitted separately. In case either (a) the Vendor submits both the Un-Priced offer in open condition as well as the Priced offer in open condition in one same envelope, or(b) in case ONLY Priced Bid is submitted, or(c) Price is mentioned in the envelope marked as "Un-Priced Bid" such Offers shall be SUMMARILY REJECTED, WITHOUT ANY reference to and/or correspondence with the Vendor."

2 It is noted that deviations to Terms and Conditions shall lead to loading of prices or rejection of offer.

3

Confirm that your quoted rates are for supply on FOB port of shipment / FCA basis inclusive of Packing, forwarding, in-land transportation, transit insurance up to port of dispatch and loading on to the Vessel / Air Craft. Further including Inland freight upto the site, All Risk comprehensive insurance, loading and



unloading, and storage of materials , port charges and levies, liasioning charges and other charges if any for delivery of materials at site from the port of Entry i.e. Chennai and erection / commissioning

4 Indicate the Port & Country of dispatch.

5 Indicate the Custom classification no. of the items offered (BTN classification).

6

Marine Transit insurance and Ocean / air freight charges from the port of dispatch to the Chennai Port in India and custom duty charges at the Port of Entry shall be arranged by HPCL in case the order is placed on FOB basis.

7 Please indicate the weight & dimensions of the Cargo.

8

DELIVERY PERIOD: a) SUPPLY - 12 WEEKS FROM THE DATE OFFOI/PO whichever is earlier. For foreign bidders: Delivery shall be 12 weeks from date of P.O./LOI whichever is earlier. Date of Bill of Lading / HAWB shall be considered as date of delivery. b) INSTALLATION, COMMISSIONING, - 6 WEEKS FROM THE DATE OF HPCL/MECON INTIMATION.

9 Delivery shall be reckoned from the date of our Fax of Intent / Purchase Order, whichever is earlier.

10 Date of Bill of lading / HAWB shall be considered as date of delivery.

11

LD CLAUSE: SUPPLY PART In case delay in supply, prices will be reduced @0.5% per week of the total PO value subject to a maximum of 5% of the total PO value. INSTALLATION n COMMISSIONING In case delay in installation,



commissioning, prices will be reduced @ 0.5% per week of the total PO value subject to a maximum of 5% of the total PO value. NOTE : i) LD shall be applicable only on the basic PO value and on Full complete week (s) and for fractional days LD shall be applicable on prorata,if any. ii) Initially LD shall be applicable for total basic PO value and final LD settlement to be on undelivered portion in the contractual deliveryperiod.

12

Indicate the following charges individually as percentage of the FOB / FCA quoted.

I. Ocean/Air Freight Charges II. Marine/Air Insurance III. Import duty at prevailing rates (Merit

rate of customs duty) as applicable, on CIF Value.

13

THIRD PARTY INSPECTION (TPI) (For supply only): Please confirm quoted prices are Inclusive of Third Party Inspection (TPI) charges. The materials are to be inspected at Manufacturer’s works by an International reputed Third party Inspection (TPI) Agency like Lloyds, BVIS, TUV, EIL, DNV before dispatch ofthe materials from Manufacturer’s works. Vendor to appoint TPIA (Third Party InspectionAgency) at their own cost for carrying out FAT (Factory acceptance Test) before despatch of the material from the Manufacturer’s works and all the required documentary evidences for completion of TPI to be submitted to HPCL/MECON.



14

SERVICE TAX (For Services only) A: Confirm that the rates quoted shall be inclusive of all taxes & duties and/or SERVICE TAX. As per credit rules 2004, Owner can avail credit on payment of service tax to the contractor. Contractor shall submit proper invoices showing the service tax paid and payable on the taxable value. To enable HPCL to claim benefit contractor shall furnish the following information in the invoice, bill /Challan issued by him A) Name & address of the contractor B) Service Tax registration No. / STC No C) SL NO of the invoice /bill / challan D) Date of issue E) Description and value of input service F) Service Tax paid / payable

15

PAYMENT TERMS: A. Supply part:

i) 65% ON SUPPLY AT FOB PORT OF SHIPMENT BASIS ONLY.

ii) 35% after satisfactory installation, commissioning, of the system.

B. Erection, Installation and commissioning

i) 100% after satisfactory installation, commissioning of the system.

Methodology of payment: • 75% of the bill amount duly

recommendedby user (HPCL) shall be paid in 7 days afterreceipt of bill and materials.

• Balance 25% to be paid after verification / certification in 15 days of receipt of bill and materials.



In any case, the final bill payment should not exceed 30 days. Payments as above shall be made through Wire Transfer. Foreign Bidder shall provide their Banker details in their offer. If PBG is not received then 90% of thepayment shall be made through wire transfer & the remaining 10% shall be released after the receipt of Performance Bank guarantee in the enclosed Performa for 10% of PO value in favour of HPCL valid for the Guarantee period plus one month. Note: - The PBG has to be issued by any scheduled/ nationalized bank other than cooperative banks. The PBG, if issued by any overseas bank, must be confirmed by a bank located in India acceptable to the corporation. The Bank Guarantee shall be non revocable bank guarantee.

16 All Bank charges outside India shall be to your account.

17 Specify the Name, Complete postal address, telephone and fax no of your Bankers.

18

Confirm that you shall provide despatch particulars immediately after despatch to Enable HPCL to arrange Transit risk Insurance in case the order is placed on FOB basis

19

PART ORDER: Confirm acceptance of part order i.e., placing the order for part items. NOTE: In case if you have indicated any charges as Lump sum for the total offer value , then same will be calculated on pro-rata basis in case of part order. We reserve the right to place Part Orders.

Not applicable



20

Confirm acceptance of split orders, i.e., placing the order for part quantities. NOTE: We reserve the right to place Split Orders.

Not applicable

21 In case of part orders / split orders, lump sum charges if any quoted by you, shall be pro-rated based on value.

Not applicable

22

REPEAT ORDER: Confirm acceptance of repeat order up to 100% of original ordered quantity, within one year from the date of original order on same terms and conditions

23 FIRM PRICE Quoted prices shall remain firm and fixed till complete execution of the order.

24 Specify the country of origin of the material offered.

25

You shall furnish, at no extra charge, a certificate of Country of origin, issued / attested by a Chamber of Commerce / Trade Association.

26 Confirm that NO Indian Agency’s Commission ispayable by HPCL nor is included in your offer.

27

GUARANTEE PERIOD: Material shall be Guaranteed for a period of 18 months from the date of installation or 12 months of the date of Commissioning of the system, whichever is earlier.

28

PERFORMANCE BANK GUARANTEE : Vendor shall furnish performance bank guarantee for 10% of the total PO value of supply, Installation, Commissioning and Training issued by scheduled banks (other than co-operativebanks) as per the HPCL format which shall bevalid for the guarantee period plus one month. Note: - The PBG has to be issued by any



scheduled/ nationalized bank other than cooperativebanks. The PBG, if issued by any overseas bank, must be confirmed by any bank located in India acceptable to the corporation.The Bank Guarantee shall be non revocable bank guarantee. Note: Default currency indicated in PBG formatis INR (Rs.), the same shall be changed to currency in which order will be released.

29 Confirm acceptance of the attached Arbitration clause.

30 Confirm acceptance of the attached Cancellation/ Risk purchase clause.

31 Confirm that your offer shall be valid for 120 DAYS from due date/extended due date of the tender.

32 Quoted rates shall be firm & fixed till complete execution of the order.

33

All consignments being imported into India by air and sea require a phytosanitary certificate from the country of origin if articles have been packedwith packaging materials. This is mandatory. “Phytosanitary certificate” means a certificate issued in the model format prescribed under the International Plant Protection Convention of the Food & Agriculture Organization and issued by an authorized officer at the country of origin of consignment or re-export.

34 Confirm that you have not been banned or delisted by any Government or Quasi Government agencies or PSUs in India

35

Confirmation that if you submit bid, qualifies anddoes not get the contract because of you not the lowest , you will be prohibited from working as a subcontractor for the contractor who is executing the contract.



36

The General Terms and Conditions of Contract (GCC) shall be applicable for the services of the contract and accepted without any deviation.

37

It may be noted that HPCL can provide Tax Paid Certificate to Foreign Bidders. As per avoidance of Double Taxation agreement, Vendor can claim the benefit in their country basis on Tax paid certificate paid by HPCL. Hence vendor has to confirm specifically that their quoted price is inclusive of Tax Deductionat Source (TDS). In such case HPCL shall deduct the TDS from the vendor's bill payment and HPCL shall provide Tax paid certificate to vendor for claiming the benefit in their country. Please furnish the PAN details & PE establishment certificate (as applicable), as detailed under clause for PAN requirement.

38

Confirm that Integrity Pact agreement attached with tender is duly signed, stamped & submitted along with your unpriced offer failing which your offer is liable for rejection.

39

Confirm acceptance of order on either FOB basis including the charges upto delivery of materials at site except the Ocean freight, Marine insurance charges and Custom Duty at the port of Entry or on CIF basis.



VENDOR’s CONFIRMATION The Terms & Conditions mentioned in the Price Enquiry, mentioned above, are acceptable to us. We have submitted our Offer accordingly. We have NOT taken any Technical and/ or Commercial Deviations and in case of Order, we will supply the materials as per the details specified in HPCL Price Enquiry/ RFQ, specified above. Vendor’s Name

Name of the Authorised Signatory

Designation of the Authorised Signatory

E-Mail Address of the Authorised Signatory

E-Mail Address of Alternate Contact Person

Mobile Number of the Authorised Signatory

Telephone Number of the Vendor

Fax Number of the Vendor

Internet Web Site Address (URL) of the Vendor

PAN REQUIREMENT Ministry of Finance, Government of India in the Finance Act No 2. of 2009 introduced a new section (i.e. section 206AA) relating to Withholding Tax under the Income Tax Act, 1961 which is applicable with effect from 1 April 2010. "All resident/non-resident parties to obtain and furnish their PAN in order to avoid tax withholding at a higher rate. Even though the non-residents may not have permanent establishment (PE), branch, local office in India, they can apply with their foreign address. For your information, the web address for applying for PAN in Form No. 49A to NSDL or UTISL online as given in the following sites: (AO details for International Taxation are also available online). • http://tin.tin.nsdl.com/pan/index.html/ • http://incometaxindia.gov.in/ • https://incometaxindiaefiling.gov.in/portal/index.jsp • http://www.utitsl.co.in/ "



As per the new provision, tax at the prescribed rate or 20%, whichever is higher, will be deducted on all transactions liable to withholding tax including payments/ remittances to nonresidents where the Permanent Account Number (PAN) of Payee is not furnished. In view of the above provision, you are requested to apply for PAN and in the absence of PAN number tax will be deducted at the prescribed rate or 20%, whichever is higher. Further, a certificate to be submitted in your letter head in the following format along with tender documents. This is a requirement for processing payments to non-residents under the Income Tax Act,1961.

ON THE LETTER HEAD Dear Sir, This is to certify that • We _____________________ are ( individual or sole proprietor or partnership firm or limited company) registered / incorporated under the laws of ________ • We are liable to tax in___________. Our tax registration number is( mention the registration number here)________________ • We are tax resident of ____________ within the meaning of Article ___________ of DTAA entered in to between India and _______ • We are entitled to the benefits of the DTAA entered into between India and ____________ • We do not have any Permanent Establishment in India within the meaning of Article __________of the DTAA. • We do not have any office or establishment or fixed place of business in India. Thanking you,

Yours faithfully,



ARBITRATION CLAUSE IN FOREIGN PURCHASE AGREEMENTS (Clause 29 of ACTC)

1. Disputes or difference arising out of or in relation to this agreement shall be settled

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

2. In the event of the Sole Arbitrator to whom the matter is originally referred to, is

unable to act or he/she vacates the office, HPCL, shall nominate another Sole Arbitrator to settle the said disputes and differences.

3. The second Sole Arbitrator shall be entitled to proceed with the arbitration from the

stage at which it was left by his/her predecessor. 4. The award of the arbitrator shall be final, conclusive and binding on all the parties to

the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996, as in force inIndia and the rules made there under and for the time being in force. This agreement shall be covered by the laws of India.

5. The award shall be made in writing and shall be published by the Sole Arbitrator

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

6. The Sole Arbitrator shall be at liberty to appoint, if so necessary, any Accountant or

Engineer or other person to assist him/her and act by the opinion so taken. 7. The Sole Arbitrator shall have powers to make one or more awards whether interim

otherwise in respect of the disputes and differences, and in particular, shall make separate awards in respect of each claim or cross claim of the parties.

8. The Sole Arbitrator shall be entitled to direct any of the parties to pay the cost of

arbitration in such a manner and to such an extent as the Sole Arbitrator may in his discretion determineand shall also be entitled to require one or both the parties to



deposit funds in such proportions to meet the arbitration expenses. The parties to arbitration, whenever called upon to do so, shall be bound to comply with such directions without any demur.

9. Notwithstanding anything contained to any other law, the parties hereby agree that

the courts in the city of Chennai alone shall have jurisdiction in respect of all or anything arising under this agreement and any award(s) made by the Sole Arbitrator hereunder shall be filed inthe court in the city of Chennai only.

CANCELLATION / RISK PURCHASE CLAUSE

(Clause 30 of ACTC) 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 with a written notice to the vendor if:

(i) The vendor fails to comply with the terms of this purchase order. (ii) The vendor fails to deliver the goods on time and / or replace the rejected goods

promptly. (iii) The Vendor becomes bankrupt or goes into liquidation. (iv) The vendor makes a general assignment for the benefit of creditors. (v) A receiver is appointed for any of the property owned by the vendor.

Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the Purchase Order and matters connected with it. The vendor is aware that the said goods are required by the 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. Therefore, in case of Termination of the contract, Owner shall have the right to carry out the unexecuted portion of the supply/work either by themselves or through any other vendor(s)/contractor(s) at the risk and cost of the vendor/ contractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the supply/work on any nominated vendor(s)/contractor(s). However, the overall liability of the vendor/Contractor shall be restricted to 100% of the total contract value.The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of clause “Delayed Delivery” as afore said.



ANNEXURE – VIII

ACTC FOR (INDIAN BIDDERS) FOR

Design, Manufacturing, Supply, Installation, Testing and Commissioning of







AGREED COMMERCIAL TERMS AND CONDITIONS (ACTC)

(For Indigenous Bidder) ATTACHMENT TO OUR ENQUIRY NO.: MEC/23KM/T-33/11000024 Notes to Bidders : 1. TO BE DULY FILLED, SIGNED AND SUBMITTED ALONG WITH YOUR UN-

PRICED OFFER FAILING WHICH YOUR OFFER WILL BE LIABLE FOR REJECTION.

2. Clauses confirmed here under shall not be repeated / altered in your quotation. 3. Deviations if any shall be indicated as an Annexure to this format. Such deviations

shall lead to loading of prices or rejection of offer. Clause

no Terms &Condition Vendor Confirmation

1

"Two Bid System: Un-priced bid and priced bid submitted separately. In case either (a) the Vendor submits both the Un-Priced offer in open condition as well as the Priced offer in open condition in one same envelope, or (b) in case ONLY Priced Bid is submitted, or (c) Price is mentioned in the envelope marked as"Un-Priced Bid" such Offers shall be SUMMARILY REJECTED, WITHOUT ANY referenceto and/or correspondence with the Vendor."

:

2 It is noted that deviations to Terms and Conditions shall lead to loading of prices or rejection of offer.

:

3 PRICE TERMS : Door delivery at our Ennore Site. Indicate despatching point. :

4 P & F Charges (For supply only) : Included /Excluded in the quoted price. If excluded indicate % in terms of order value.

:



5a EXCISE DUTY (For supply only): Included /Excluded in the quoted price. :

5b In either case indicate the excise duty rate in terms of %. :

5c Indicate Tariff No. :

5d

Confirm furnishing excise duty gate pass / Transporter’s copy of Invoice along with the material for availing Modvat Benefit. In case the same is not received, the ED component claimed by you shall not be payable

:

6a Sales Tax (For supply only): Included / Excluded in the quoted price. No Form C / D will be issued

:

7

In case of a proprietary concern or a business owned by a HUF, the name of the proprietor or Karta of the Hindu Undivided Family, as the case may be, shall also be mentioned in the invoice. In case of failure to comply with this requirement HPCL shall not pay the Excise Duty / Service Tax included in the invoice. In case such Excise Duty / Service Tax is paid by HPCL and at a later date credit is denied to HPCL due to non-compliance with the above requirement, HPCL shall recover the applicable Excise Duty / Service Tax from any amounts due to supplier / contractor or en-cash any BG.

:

8

If there is any variation in Excise duty / Sales tax at the time of supplied for any reasons (including turnover) other than statutory, confirm the same will be borne by the vendor. Any increase beyond the contractual delivery period will be to vendor’s account.

:

9

If Excise duty / or sales tax is presently not applicable confirm the same will be borne by HPCL in case it becomes leviable later.

:



10 FREIGHT CHARGES(For supply only) : Confirm Freight Charges are Included in the quoted price.

:

11 Confirm acceptance for taking All Risk Comprehensive Insurance by the contractor :

12

PAYMENT TERMS : A. Supply part: 90% after delivery of materials at HPCL/MECON project warehouse and after completion of physical verification/ confirmation of the receipt by vendor’s representative at HPCL site. 10% after satisfactory installation, commissioning, performance test run & training of the system. B. Installation, commissioning, 100% after satisfactory installation, commissioning. Methodology of payment o 75% of the bill amount duly recommended by user (HPCL) shall be paid in 7 days after receipt of bill and materials. o Balance 25% to be paid after verification / certification in 15 days of receipt of bill and materials. In any case, the final bill payment should not exceed 30 days. If PBG is not received then 90% of the payment shall be made & the remaining 10% shall be released after the receipt of Performance Bank guarantee inthe enclosed Performa for 10% of PO value in favour of HPCL valid for the warranty period plus one month.

:

13

THIRD PARTY INSPECTION (TPI) (For supply only): Please confirm quoted prices are Inclusive of Third Party Inspection (TPI) charges. The materials are to be inspected at

:



Manufacturer’s works by an International reputed Third party Inspection (TPI) Agency like Lloyds, BVIS, TUV, EIL, DNV before dispatch of the materials from Manufacturer’s works. Vendor to appoint TPIA (Third Party Inspection Agency) at their own cost for carrying out FAT (Factory acceptance Test ) before despatch of the material from the Manufacturer’s works and all the required documentary evidences for completion ofTPI to be submitted to HPCL.

14

SERVICE TAX (For Services only) A: Confirm that the rates quoted shall be inclusive of all taxes & duties and/ or SERVICE TAX. As per credit rules 2004, Owner can avail credit on payment of service tax to the contractor. Contractor shall submit proper invoices showing the service tax paid and payable on the taxable value. To enable HPCL to claim benefit contractor shall furnish the following information in the invoice, bill / Challan issued by him A) Name & address of the contractor B) Service Tax registration No. / STC No C) SL NO of the invoice /bill / challan D) Date of issue E) Description and value of input service F) Service Tax paid / payable

:

15

GUARANTEE PERIOD : Material shall be Guaranteed for a period of 18months from the date of installation or 12 months of the date of Commissioning of the system, whichever is earlier.

:

16

PERFORMANCE BANK GUARANTEE (PBG) : Confirm that you will furnish Performance Bank Guarantee (PBG) for 10% of order

:



value as per HPCL format only , which shall be valid for the Guarantee period and further one (1) month claim period

17

CD VARIATION : If offer is based on certain imported raw materials required for equipments / materials offered, confirm that the following details are indicated in the SOR i. Maximum CIF value ( item wise) ii. Rate of customs duty considered and included in the quoted price & Customs tariff no.

:

18

PART ORDER: Confirm acceptance of part order i.e., placing the order for part items. NOTE: In case if you have indicated any charges as Lump sum for the total offer value , then same will be calculated on pro-rata basis in case of part order. We reserve the right to place Part Orders.

:

Not Applicable.

19

SPLIT ORDER: Confirm acceptance of split orders, i.e., placing the order for part quantities. NOTE: We reserve the right to place Split Orders.

:

Not Applicable.

20

REPEAT ORDER: Confirm acceptance of repeat order up to 100% of original ordered quantity, within one year from the date of original order on same terms and conditions.

:

21

DELIVERY PERIOD: a)SUPPLY - 12 WEEKS FROM THE DATE OF FOI/PO whichever is earlier. For Indian bidders: Delivery shall be 12 weeks from date of P.O./FOI whichever is earlier. b)INSTALLATION, COMMISSIONING, - 06 WEEKS FROM THE DATE OF HPCL/MECON INTIMATION.

:



22

LD CLAUSE: SUPPLY PART In case delay in supply, prices will be reduced @0.5% per week of the total basic value of the P.O. subject to a maximum of 5% of the total basic value of the P.O. INSTALLATION & COMMISSIONING In case delay in installation , commissioning prices will be reduced @ 0.5% per week of the total basic value of the P.O. subject to a maximum of 5% of the total basic value of the P.O. NOTE : i) LD shall be applicable only on the basic PO value and on Full complete week (s) and for fractional days LD shall be applicable on pro-rata, if any. ii) Initially LD shall be applicable for total basic PO value and final LD settlement to be on undelivered portion in the contractual delivery period.

:

23 FIRM PRICE Quoted prices shall remain firm and fixed till complete execution of the order.

:

24 Confirm acceptance of the attached Arbitration clause :

25 Confirm acceptance of the attached Cancellation / Risk purchase clause. :

26 Vendor to quote AMC (After warranty / guarantee period) rates for three years, if applicable.

: Not applicable

27

VALIDITY Offer shall be valid for 120 DAYS from the due date / extended due date of this tender enquiry.

:

28

NSIC Clause: Please clarify whether you are registered with NSIC. If registered, please submit the following

:



documents: Photocopy of the NSIC Registration Certificate, which clearly shows the following details/ information: • Name of the Bidder • Address of the Bidder • Validity of the Registration • Items for which the Bidder is registered • Monetary Limit Please clarify whether you have secured Orders for same items, during the preceding 12 months, in competition with Large Scale Units, WITHOUT any Price Preference. In case you have secured Orders for same items, during the preceding 12 months, in competition with Large Scale Units, WITHOUT any Price Preference, then please furnish a Declaration on your Letter Head accordingly. Please note that in the absence of the above information, your offer will be evaluated without considering Price Preference.

29

All resident/non-resident parties to obtain and furnish their PAN in order to avoid tax withholding at a higher rate. Even though the non-residents may not have permanent establishment (PE), branch, local office in India, they can apply with their foreign address. For your information, the web address for applying for PAN in Form No. 49A to NSDL or UTISL online as given in the following sites: (AO details for International Taxation are also available online). • http://tin.tin.nsdl.com/pan/index.html/ • http://incometaxindia.gov.in/ •https://incometaxindiaefiling.gov.in/portal/index.jsp • http://www.utitsl.co.in/ "

:



30

Confirmation that if you submit bid, qualifies and does not get the contract because of you not the lowest , you will be prohibited from working as a subcontractor for the contractor who is executing the contract.

:

31 Confirm that you have not been banned or delisted by any Government or Quasi Government agencies or PSUs.

:

32

In case of a proprietary concern or a business owned by a HUF , the name of the proprietor or Karta of the Hindu Undivided Family , as the case may be , shall also be mentioned in the invoice In case of failure to comply with this requirement, HPCL shall not pay the Excise Duty / Service Tax included in the invoice. In case such Excise Duty / Service Tax is paid by HPCL/MECON and at a later date Cenvat credit is denied to HPCL/MECON due to noncompliance with the above requirement , HPCL shall recover the applicable Excise Duty / Service Tax from any amounts due to supplier / contractor or encash any BG.

:

33

The General Terms and Conditions of Contract (GCC) shall be applicable for the services of the contract and accepted without any deviation.

:

34

Confirm that Integrity Pact agreement attached with tender is duly signed, stamped & submitted along with your unpriced offer failing which your offer is liable for rejection.

:



VENDOR’s CONFIRMATION

The Terms & Conditions mentioned in the Price Enquiry, mentioned above, are acceptable tous. We have submitted our Offer accordingly. We have NOT taken any Technical and/ or Commercial Deviations and in case of Order, we will supply the materials as per the details specified in HPCL Price Enquiry/ RFQ, specified above. Vendor’s Name

Name of the Authorised Signatory

Designation of the Authorised Signatory

E-Mail Address of the Authorised Signatory

E-Mail Address of Alternate Contact Person

Mobile Number of the Authorised Signatory

Telephone Number of the Vendor

Fax Number of the Vendor

Internet Web Site Address (URL) of the Vendor

ARBITRATION CLAUSE (Clause 25 of ACTC)

1) All disputes and differences of whatsoever nature, whether existing or which shall at

any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.



2) The appointing authority shall either himself act as the Sole Arbitrator or nominate

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

3) In the event of the Arbitrator to whom the matter is referred to, does not accept the

appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.

4) Such another person nominated as the Sole Arbitrator shall be entitled to proceed

with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator.

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

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

proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

7) The Arbitrator may give a composite or separate Award(s) in respect of each dispute

or difference referred to him and may also make interim award(s) if necessary.



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

9) Subject to the aforesaid, the provisions of the # Arbitration and Conciliation Act,

1996 or any statutory modification or re-enactment thereof and the rules made there under, shall apply to the Arbitration proceedings under this Clause.

10) The Contract shall be governed by and constructed according to the laws in force in

India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Chennaifor all purposes. The Arbitration shall be held at Chennai and conducted in English language.

11) The Appointing Authority is the Functional Director* of Hindustan Petroleum

Corporation Limited.

CANCELLATION / RISK PURCHASE CLAUSE (Clause 26 of ACTC)

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 with a written notice to the vendor if:

(i) The vendor fails to comply with the terms of this purchase order. (ii) The vendor fails to delivery the goods on time and / or replace the rejected

goods promptly. (iii) The Vendor becomes bankrupt or goes into liquidation. (iv) The vendor makes a general assignment for the benefit of creditors. (v) A receiver is appointed for any of the property owned by the vendor.

Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the Purchase Order and matters connected with it. The 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. Therefore, in case of Termination of the contract, Owner shall have the right to carry out the unexecuted portion of the supply/work either by themselves or through any other vendor(s)/contractor(s) at the risk and cost of the vendor/ contractor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the supply/work on any nominated vendor(s)/contractor(s). However, the overall liability of the vendor/Contractor shall be restricted to 100% of the total contract value. The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of clause “Delayed Delivery” as a fore said.



ANNEXURE – IX

INTEGRITY PACT AGREEMENT FOR








AGREEMENT (Under Integrity Pact)

No. Dated To, HINDUSTAN PETROLEUM CORPORATION LIMITED Sub: Purchase of Bidding Documents Ref. Tender no.MEC/23KM/T-33/11000024 HPCL/MECON and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on thecondition that the bidder will sign the Integrity Pact and the Bid would be kept open in itsoriginal form without variation or modification for a period of (state the number of days fromthe last date for the receipt of tenders stated in the NIT) ………. days and the making of thebid shall be regarded as an unconditional and absolute acceptance of this condition of the NIT. We confirm acceptance and compliance with the Integrity Pact in letter and spirit. We furtheragree that the contract consisting of the above conditions of NIT as the offer and thesubmission of Bid as the Acceptance shall be separate and distinct from the contract which willcome into existence when bid is finally accepted by HPCL.The consideration for this separate initial contract preceding the main contract is that HPCL isnot agreeable to sell the NIT to the Bidder and to consider the bid to be made except on thecondition that the bid shall be kept open for ……… days after the last date fixed for the receiptof the bids and the Bidder desires to make a bid on this condition and after entering into thisseparate initial contract with HPCL.

(To be executed on plain paper and applicable for all tenders of value above Rs. 1

crore)



INTEGRITY PACT

Between Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The Principal”, And …………………………………………… hereinafter referred to as “The Bidder/Contractor” Preamble The Principal intends to award, under laid down organization procedures, contract/s for………………………………………… The Principle values full compliance with all relevantlaws and regulations, and the principles of economic use of resources, and of fairness andtransparency in its relations with its Bidders/s and Contractor/s. In order to achieve these goals,the Principal cooperates with the renowned international Non-Governmental Organisation“Transparency International” (TI). Following TI’s national and international experience, thePrincipal will appoint an external independent Monitor who will monitor the tender processand the execution of the contract for compliance with the principles mentioned above. Section 1 – Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption

and toobserve the following principles: 1. No employee of the Principal, personally or through family members, will in

connectionwith the tender for, or the execution of a contract, demand, take a promise for or accept, forhim/herself or third person, any material or immaterial benefit which he/she is not legallyentitled to.

2. The principal will, during the tender process treat all Bidders with equity and reason.

ThePrincipal will in particular, before and during the tender process, provide to all Bidders thesame information and will not provide to any Bidder confidential / additional informationthrough which the Bidder could obtain an advantage in relation to the tender process or thecontract execution.

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



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

Section 2 – Commitments of the Bidder / Contractor (1) The Bidder / Contractor commits itself to take all measures necessary to prevent

corruption.He commits himself to observe the following principles during his participation in the tenderprocess and during the contract execution.

i) The Bidder / Contractor will not, directly or through any other person or firm, offer,

promiseor give to any of the Principal’s employees involved in the tender process or the execution ofthe contract or to any third person any material or immaterial benefit which he/she is notlegally entitled to, in order to obtain in exchange any advantage of any kind whatsoever duringthe tender process or during the execution of the contract.

ii) The Bidder / Contractor will not enter with other Bidders into any undisclosed

agreement orunderstanding, whether formal or informal. This applies in particular to prices, specifications,certifications, subsidiary contracts, submission or non-submission of bids or any other actionsto restrict competitiveness or to introduce cartelization in the bidding process.

iii) The Bidder / Contractor will not commit any offence under the relevant Anti-

corruptionLaws of India; further the Bidder / Contractor will not use improperly, for purposes ofcompetition or personal gain, or pass on to others, any information or document provided bythe Principal as part of the business relationship, regarding plans, technical proposals andbusiness details, including information contained or transmitted electronically.

iv) The Bidder / Contractor will, when presenting his bid, disclose any and all payment

he hasmade is committed to or intends to make to agents, brokers or any other intermediaries inconnection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined

aboveor be an accessory to such offences.



Section 3- Disqualification from tender process and exclusion from future contracts If the Bidder, before contract award has committed a transgression through a violation ofSection 2 or in any other form such as to put his reliability or credibility as Bidder intoquestion, the Principal is entitled to disqualify the Bidder from the tender process or toterminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor has committed a transgression through a violation of Section

2such as to put his reliability or credibility into question, the Principal is entitled also to excludethe Bidder / Contractor from future contract award processes. The imposition and duration ofthe exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, theposition of the transgressors within the company hierarchy of the Bidder and the amount of thedamage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due

consideration of theavailable evidence, concludes that no reasonables doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute

right toresort to and impose such exclusion and further accepts and undertakes not to challenge orquestion such exclusion on any ground, including the lack of any hearing before the decision toresort to such exclusion is taken. This undertaking is given freely and after obtainingindependent legal advice.

(4) If the Bidder / Contractor can prove that he has restored / recouped the damage

caused byhim and has installed a suitable corruption prevention system, the Principal may revoke theexclusion prematurely.

Section 4 – Compensation for Damages (1) If the Principal has disqualified the Bidder from the tender process prior to the

awardaccording to Section 3, the Principal is entitled to demand and recover from the Bidderliquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principle

isentitled to terminate the contract according to Section 3, the Principal shall be



entitled todemand and recover from the Contractor liquidated damages equivalent to Security Deposit /Performance Bank Guarantee.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur

subjectonly to condition that if the Bidder / Contractor can prove and establish that the exclusion ofthe Bidder from the tender process or the termination of the contract after the contract awardhas caused no damage or less damage than the amount of the liquidated damages, the Bidder /Contractor shall compensate the Principal only to the extent of the damage in the amountproved.

Section 5 – Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last 3 years with

anyother Company in any country conforming to the TI approach or with any other Public SectorEnterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from

thetender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors (1) The Bidder / Contractor undertakes to demand from all subcontractors a

commitment inconformity with this Integrity Pact, and to submit it to the Principal before contract signing.

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

Bidders, Contractors and Subcontractors. (3) The Principal will disqualify from the tender process all bidders who do not sign this

Pactor violate its provisions. Section 7 – Criminal charges against violating Bidders/Contractors/Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or ofan employee or a representative or an associate of a Bidder, Contractor or



Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principalwill inform the Vigilance Office. Section 8 – External Independent Monitor / Monitors (two in number depending on thesize of the contract)(to be decided by the Chairperson of the Principal) (1) The Principal appoints competent and credible external independent Monitor for this

Pact. Accordingly, the Principal (HPCL) has appointed Ms. Ranjana Kumar & Shri. D Chatterjee, as IEMs

The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and

performshis functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractors accepts that the Monitor has the right to access without restriction to

allProject documentation of the Principal including that provided by the Contractor. TheContractor will also grant the Monitor, upon his request and demonstration of a valid interest,unrestricted and unconditional access to this project documentation. The same is applicable toSubcontractors. The Monitor is under contractual obligation to treat the information anddocuments of the Bidder / Contractor / Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings

amongthe parties related to the Project provided such meetings could have an impact on thecontractual relations between the Principal and the Contractor. The parties offer to the Monitorthe option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he

willso inform the Management of the Principal and request the Management to discontinue or healthe violation, or to take other relevant action. The Monitor can in this regard submit nonbindingrecommendation. Beyond this, the Monitor has no right to demand from the partiesthat they act in a specific manner, refrain from action or tolerate action. However, theIndependent External Monitor shall give an opportunity to the bidder / contractor to present itscase before making its recommendations to the Principal.



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

(7) Monitor shall be entitled to compensation on the same terms as being extended to

/provided to Outside Expert Committee members / Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion

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

(9) The word ‘Monitor’ would include both singular and plural. Section 9 – Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the sameshall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 – Other provisions

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

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

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



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

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

For the Principal For the Bidder / Contractor

Place………………………………… Witness 1:

Date………………………………….Witness 2:



ANNEXURE – X

BANK GUARANTEE IN LIEU OF EARNEST MONEY FOR

Design, Manufacturing, Supply, Installation, Testing





Chennai, India



(SPECIMEN) BANK GUARANTEE IN LIEU OF EARNEST MONEY (On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, havingits registered office at 17, Jamshedji Tata Road, Bombay-20 (hereinaftercalled "The Corporation" which expression shall include its successor inbusiness and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole-proprietor business/a company registered under the Companies Act, 1956having its office at (hereinafter called "the Tenderer" which expressionshall include its executors, administrators and assigns) against Tenderno............ dated .................... (hereinafter called "the tender"which expression shall include any amendments/alterations to "the tender"issued by "the Corporation") for the supply of goods to/execution ofservices for "the Corporation" and "the Corporation" having agreed not toinsist upon immediate payment of Earnest Money for the fulfilment of thesaid tender in terms thereof on production of an acceptable Bank Guaranteefor an amount of r....... (Rupees .................................only). 1. We, ................................... Bank having office at....................................................

Bombay (hereinafterreferred to as "the Bank" which expression shall include its successors andassigns) at the request and on behalf of "the Tenderer" hereby agree to payto the Corporation without any demur on first demand an amount not exceedingr.......... (Rupees ...................................... only) against anyloss or damage, costs, charges and expenses caused to or sufferedby "the Corporation" by reason of non performance and fulfilment or for anybreach on the part of "the Tenderer" of any of the terms and conditions ofthe said "tender".

2. We, ........................................ Bank further agree that "theCorporation" shall be sole

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

3. We, ................................. Bank further agree that the amountdemanded by "the

Corporation" as such shall be final and binding on "theBank" as to "the Bank" 's liability to pay and the amount demanded and "theBank" to undertake to pay "the Corporation" the amount so demanded on firstdemand and without any demur notwithstanding any dispute raised by "theTenderer" or any suit or other legal



proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, ourliability under this guarantee being absolute and unconditional.

4. We, ....................................... Bank further agree with "theCorporation" that "the

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

5. NOTWITHSTANDING anything hereinbefore contained, our liability under

thisGuarantee is restricted to r .........(Rupees....................................... only). Our liability underthis guarantee shall remain in force until expiration of six months from thedue date of opening of the said "tender". Unless a demand or claim underthis guarantee is made on us in writing within said period, that is, on orbefore .................................... all rights of "the Corporation"under the said guarantee shall be forfeited and we shall be relieved anddischarged from all liabilities there under.

6. We, ........................................ Bank further undertake not torevoke this guarantee

during its currency except with the previous consentof "the Corporation" in Writing. 7. We, ......................................... Bank lastly agree that "theBank" 's liability under this

guarantee shall not be affected by any changein the constitution of "the Tenderer". 8. "The Bank" has power to issue this guarantee in favour of "theCorporation" in terms

of the documents and/or the Agreement/Contract or MOUentered into between "the Tenderer" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this.......................... day of ........................ For ........................ Bank (by its constituted attorney) (Signature of a person authorizedto sign on behalf of "the Bank")

HPCL promises to consider the bid on this condition and the Bidder agrees to keep the bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties.



If Bidder fails to honour the above terms and conditions, HPCL shall have unqualified absolute and unfettered right to encash / forfeit the bid security submitted in this behalf.

Yours faithfully, Yours faithfully

(BIDDER) (PURCHASER)

(One copy of this agreement duly signed must be returned along with offer)



ANNEXURE – XI

PERFORMANCE BANK GURANTEE FORMAT

FOR Design, Manufacturing, Supply, Installation, Testing


Aluminium Internal Floating Roof System ( Non-Contact Type) at



Chennai, India



BANK GUARANTEE FOR PERFORMANCE OF THE OBLIGATIONS OF SUPPLIER/CONTRACTOR

(on non-judicial stamp paper of appropriate value)

To, Hindustan Petroleum Corporation Ltd., (Address as applicable) IN CONSIDERATION OF THE HINDUSTAN PETROLEUM CORPORATION LTD. A Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the Corporation" which expression shall include its successors and assigns) having awarded to 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 upto a sum of r _______________ (Rupees_____________________) amounting to 10% (ten percent) of the total contract value. We, ______________________ (hereinafter called "the Bank" which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to "the Corporation" in rupees forthwith on demand in writing and without protest or demur of any and all moneys anywise payable by "the Supplier" to "the Corporation" under, in respect of or in connection with the said supply contract inclusive of all the Corporation's losses and damage and costs, (inclusive between attorney and client) charges, and expenses and other moneys anywise payable in respect of the above as specified in any notice of demand made by "the Corporation" to the Bank with reference to this Guarantee upto and aggregate limit of r ___________ (Rupees __________________________ ) and "the Bank" hereby agrees with "the Corporation" that: 1. This Guarantee/Undertaking shall be a continuing Guarantee / Undertaking and

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

2. This Guarantee/Undertaking shall be in addition to any other guarantee or security

whatsoever that "the Corporation" may now or any time anywise have in relation to "the Supplier's obligation/liabilities under and/or connection with the said supply contract, and "the Corporation" shall have full authority to take recourse to or enforce



this security in preference to the other Security(ies) at its sole discretion and no failure on the part of "the Corporation" to enforcing or requiring enforcement to any other security shall have the effect of releasing "the Bank" from its full liability hereunder.

3. "The Corporation" shall be at liberty without reference to "the Bank" and without

affecting the full liability of "the Bank" hereunder to take any other security in respect of "the Supplier's" obligation and/or liabilities under or in connection with the said supply contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices of thetotal contract value or to release or to forebear from enforcement of all or any of the obligations of "the supplier" under the said supply contract and/or the remedies of "the Corporation" under any other security(ies) now or hereafter held by "the Corporation" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with 2 "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 r......... ii) This Bank Guarantee shall be valid upto and including .......; and



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

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms

of the documents and/or the agreement/contract or MOU entered into between "the supplier" and "the Bank" in this regard.

IN WITNESS Where of __________________ Bank, has executed this document at ________________ on _______________ 199 .____________________________ Bank (by its constituted attorney) (signature of a person authorized to sign on behalf of "the Bank")



ANNEXURE – XII

E - MANDATE

FOR Design, Manufacturing, Supply, Installation, Testing





Chennai, India



To, Hindustan Petroleum Corporation Limited Marketing Projects Finance Department. GMO MP, Adyar, Chennai-600020 Dear Sirs, The following is a confirmation / updation of my bank account details and I hereby affirm my /our choice to opt for payment of amounts due to me under various contracts through electronicmode. I understand that Hindustan Petroleum Corpn. Ltd. also reserves the right to send thepayments due to me by a cheque / Demand Draft / electronic mode or through a banker. A. Supplier / Contractor Details 1. Supplier / Contractor Name 2. Supplier / Contractor Code 3. Address (Including Pin Code) 4. Controlling Office Name/SBU 5. P. A No. 6. E-mail ID B. Particulars of Bank Account 1. Bank Name 2. Branch Name /branch code 3. Branch Address (incl Pin code) 4. 9 Digit MICR No. of Bank and Branch as appearing on the cheque 5. Account Type (Savings/Cash credit/Current) 6. Account Number (as appearing on cheque book) 7. IFSC Code of the Branch (For RTGS) 8. IFSC Code of the Branch (For NEFT) I hereby confirm that the particulars given above are correct and complete and also undertaketo promptly advise any changes to the above details to HPCL/MECON. If the transaction is delayed ornot effected for reasons of incomplete or incorrect information or banking delays, I shall nothold Hindustan Petroleum Corporation Limited responsible. I



also agree for printing of thebank details on the cheque or DD if the payment is effected by cheque / DD. The charges, ifany, levied by my bank shall be settled by me/us. __________________________________ Name (in Capitals) of supplier / contractor Authorized Signatory Official Rubber Stamp Date: Note: 1. Bank details to be confirmed by the bankers. Such confirmation shall be duly

signed & stamped by the bankers. 2. Please enclose cancelled / photocopy of a cheque.



ANNEXURE – XIII

VENDOR’S INTIMATION FOR PARTICIPATION

For



( Non-Contact Type) at





Tender No.: MEC/23KM/T-33/11000024 INTIMATION FOR PARTIICAPATION Vendor ref : __________________ Date : _______________________ To AGM (CONTRACTS), MECON LIMITED, 89, SOUTH END ROAD, BASAVANAGUDI, BANGALORE PH. NO.: 080 2657 6442 / 2625 2105 FAX NO.: 080 2657 6352 E-mail: [email protected] Kind Attention: Mr.

Sub: Response against your “Request for Quotation” Tender No: MEC/23KM/T-33/11000024–Design, Supply, Installation and Commissioning of Aluminium Internal Floating Roof Tender ( Non Contact Type ) at HPCL, Ennore Terminal Project

Dear Sir, With reference to the tender, we are interested to participate in the subject tender andaccordingly we will submit the offer within the due date

Thanking you

Yours faithfully

Vendor’s Name:

(Signature: Authorized Signatory) Name of the Authorized Signatory: E-Mail Address of the Authorized Signatory: Mobile Number of the Authorized Signatory: Telephone Number / Fax Number of the Vendor:



ANNEXURE – XIV

LIST OF ABBREVIATIONS For

Design, Manufacturing, Supply, Installation, Testing


Aluminium Internal Floating Roof System ( Non-Contact Type) at



Chennai, India



List of Abbreviations HPCL – Hindustan Petroleum Corporation Limited NIT – Notice Inviting Tender PQC – Pre-Qualification Criteria IP – Integrity Pact DD – Demand Draft EMD – Earnest Money Deposit PSE – Public Sector Enterprises JV – Joint Venture NSIC- National Small Scale Industries Corporation PBG – Performance Bank Guarantee KOM – Kick off Meeting OEM-Original Equipment Manufacturer BOM- Bill of Material TPI- Third Party Inspection SOR- Schedule of Rate O&M- Operation and Maintenance ACTC – Agreed Commercial terms & Conditions