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Tender Number: 100000211-HD-10002

BID DUE DATE & TIME: 1530 Hrs. IST on 4 thMARCH , 2011

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

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

Ch. Manager Procurement P&PM/s Hindustan Petroleum Corporation LimitedGresham Assurance House (2nd floor),

Sir P M Road, Fort,

Mumbai - 400 001

____________________Ravi Dutt Gaur

Ch. Manager Procurement P&P

Tender issued to :M/s _____________________________

_________________________________

__________________________________________________________________

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Sign & Stamp of Bidder

TABLE OF CONTENTS

ChapterNo.

Description

I Bid Qualification Criteria

II Instructions to Bidders

III Technical Specification for Stainless steel armored hose as per API 650/A

17J

IV Special Conditions of Purchase

V General Purchase Conditions for Indigenous Materials

VI General Purchase Conditions for Foreign Bidders

VII Acceptance / Confirmation / Details to be Furnished by Foreign BiddersVIII Performance Bank Guarantee Format

IX Deviation Sheet

X Agreed Terms & Conditions

XI Un-Priced Bid Formats

XII Price Bid

XIII Schedule of rates ( unpriced)

XIV Annexure I

XV Time Schedule

XVI Tank GAD ( Battery limit)

XVII Integrity Pact

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

PRICE BID SHOULD BE SUBMITTED IN A SEPARATE SEALED ENVELOPESUPERSCRIBED WITHPRICE BID, TENDER NO. & JOB. NO CONDITIONSSHOULD BE MENTIONED IN PRIC BID

THE DEVIATIONS, IF ANY, SHOULD BE MENTIONED SEPARATELY ONBIDDERS LETTER HEAD IN UNPRICED BID. THE DEVIATIONS MENTIONEDANYWHERE ELSE SHALL NOT BE CONSIDERED. IN ABSENCE OFDEVIATION SHEET IT WOULD BE CONCLUDED THAT BIDDER HASACCEPTED THE TENDER TERMS WITHOUT ANY DEVIATIONS.CORRECTIONS IN TENDER DOCUMENT WILL NOT BE ACCEPTED.

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BID QUALIFICATION CRITERIA

GLOBAL NOTICE FOR INVITATION FOR BIDS (IFB)

FLEXIBLE TUBEFOR FLOATING ROOF TANK

Bid Document No.: 100000211-HD-10002

Hindustan Petroleum Corporation Limited (HPCL), invites sealed bids under single stagetwo bid system from eligible bidders for Supply of flexible tube for additional producttankage projects at ourAJMER, JAIPUR, REWARI AND IRUMPANAM Terminals.

Brief Scope of work and System description:

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

roof tank.

BID QUALIFICATION CRITERIA:

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

1.0 Financial:

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

Average Annual financial turnover, as per audited profit & loss account, in each ofthe last three financial years ending March 10 shall be at least INR45,49,200.00(USD 101000). For the vendors following financial year closing at the end of Juneor September or December, the last 3 financial years ending with June09,September 09 or December 09 will be considered.

2.0 Technical:

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

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

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

OR

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b. Two similar completed works i.e. Supply of stainless steel armored hose asper API 650/API 17J for floating roof tanks, each costing not less than theamount of INR 75,82,200.00 /-(USD 168340)

ORc. One similar completed works i.e. Supply of stainless steel armored hose as

per API 650/API 17J for floating roof tanks, each costing not less than the

amount of INR 121,31,520.00 /- (USD 269344)

Considering01 (ONE) USD=45.041. INR, AS ON DATE 12.01.2011

(B) Information/Documents required along with Application:

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

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

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

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

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

(a) Copy or original Purchase / work Order / certified bills from client /

owner / project consultants along with their completion certificate /proof of delivery. The Purchase / work Order and completioncertificate / proof of delivery should mention the details of suppliescarried out by the applicant so as to enable us to identify whetherthe applicant meets the technical criteria stipulated above or not.

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

(c) Copy of letter from the Plant/Manufacturing unit clearly stating thatthey shall be supplying the stainless steel armored hose as per API650/API 17J as per HPCLs specifications to the bidder.

The Applicant shall be in a position to furnish the original documents towards copiessubmitted in respect of Clause No. A(1.0) (Financial) & Clause No.A(2.0) (Technical) and

when required and asked to produce during the process of evaluation.

C. OTHER INFORMATION

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

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

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

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

which directly or indirectly controls a Party. Control means actual controlor ownership of at least a 50% voting or other controlling interest that givesthe power to direct, or cause the direction of, the management and material

business decisions of the controlled entity.

2. Bids may be submitted by:

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

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

members;d) An Indian arm of a foreign company.

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

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

criteria.

b) In case the bidder is a newly formed and incorporated joint venture and whichhas not completed three financial years from the date of commencement of

business, then either the said JV shall fulfill each eligibility criteria or any oneconstituent member/ promoter of such a JV shall fulfill each eligibility criteria.If the bid is received with the proposal that one constituent member/ promoterfulfils each eligibility criteria, then this member/promoter shall be clearlyidentified and he/it shall assume all obligations under the contract andprovide such comfort letter/guarantees as may be required by Owner. Theguarantees shall cover inter alia the commitment of the member/ promoter tocomplete the entire work in all respects and in a timely fashion, being bound

by all the obligations under the contract, an undertaking to provide allnecessary technical and financial support to the JV to ensure completion ofthe contract when awarded, an undertaking not to withdraw from the JV tillcompletion of the work, etc.

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

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

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

3) the consortium member descriptions shall indicate what type of legalentity the member is and its jurisdiction of incorporation (or ofestablishment as a legal entity other than as a corporation) and provideevidence by a copy of the articles of incorporation (or equivalentdocuments);

4) One participant member of the consortium shall be identified as thePrime 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 allconsortium obligations;

6) The prime member shall fulfill each eligibility criteria;

7) a commitment shall be given from each of the consortium members in theform of a letter signed by a duly authorized officer clearly identifying the

role of the member in the Bid and the members commitment to performall relevant tasks and obligations in support of the Prime/lead member ofthe Consortium and a commitment not to withdraw from the consortium;

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

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

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

11) Entities which are affiliates of one another are allowed to bid either as asole bidder or as a consortium only;

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

d) In case the bidder is an Indian arm (subsidiary, authorized agent, branchoffice or affiliate) of a foreign bidder, then the foreign bidder shall have to fullfill each eligibility criteria. If such foreign company desires that the contract beentered into with the Indian arm, then a proper back to back continuing(parent company) guarantee shall be provided by the foreign company clearlystating that in case of any failure of any supply or performance of the

equipment, machinery, material or plant or completion of the work in allrespects and as per the warranties/ guarantees that may have been given,then the foreign company shall assume all obligations under the contract.

Towards this purpose, it shall provide such comfort letter/guarantees as maybe required by Owner. The guarantees shall cover inter alia the commitment ofthe foreign company to complete the entire work in all respects and in a timelyfashion, being bound by all the obligations under the contract, an undertakingto provide all necessary technical and financial support to the Indian arm or torender the same themselves so as to ensure completion of the contract whenawarded, an undertaking not to withdraw from the contract till completion ofthe work, etc.

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CHAPTER II A

NOTICE FOR GLOBAL INVITATION FOR BIDS & INSTRUCTIONS TOBIDDERS

INSTRUCTIONS TO BIDDERS

DETAILS OF BID DOCUMENT

Bid Document No : 10000211 -HD-10002

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

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

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

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

1.0 General

Bid Document (non-transferable) can be purchased from the ChiefManager- Procurement, Gresham Assurance Building, 2nd Floor, Sir P. M.

Road, Fort, Mumbai 400001, on any working day from 1000 hours to1600 hours against a written request and payment of requisite document feeby Crossed Bank Draft from a first class International Bank or an IndianScheduled Bank (other than Co-operative), in favour of HindustanPetroleum Corporation Limited, payable at Mumbai. Vendors opting to procurebid document by post, need to submit required Tender document Fee )inprescribed format) or Exemption Certificate (as per tender terms) and Writtenrequest. Accordingly, the document will be dispatched by speed post. HPCLSHALL NOT BE RESPONSIBLE FOR ANY POSTAL DELAYS AND NOEXTENSION OF DUS DATE SHALL BE GRANTED ON THE EXCUSE OFPOSTAL DELAY.

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

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

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

1.2 Accredited representatives of foreign bidders in India are also permitted topurchase the bid document on behalf of foreign bidder on payment ofrequisite document fee in Indian Rupees on request from foreign bidders ontheir letter head. The bid of foreign bidder shall be evaluated only if the bidis accompanied by the prescribed bid document fee in the form of demanddraft in US Dollars and after that the fee deposited by Indianrepresentative shall be refunded.

1.3 Small scale Industries registered with NSIC and Central GovernmentPSUs will be issued bid document free of cost on receipt of writtenrequest to this effect. Industries registered with NSIC shall providenecessary documentary evidence, whereas PSUs shall submit

declaration to this effect that they are Central PSU and are eligible forgetting documents free of cost.

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

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

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

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

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

Tel. +91 22 22608520. / 022 22608523E-mail i.d.:[email protected]

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

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CHAPTER II BINSTRUCTIONS TO BIDDERS

1. COST OF BIDDING

1.1

The Bidder shall bear all costs associated with the preparation and submission ofthe bid, and OWNER (M/s Hindustan Petroleum Corporation Limited), will in nocase, be responsible or liable for these costs, regardless of the conduct or outcomeof the bidding process.

2 BID DOCUMENT

2.1 The bidder is expected to examine all instructions, forms, terms and specificationsin the bid document. The Invitation for Bids (IFB) together with all its attachmentsthereto, shall be considered to be read, understood and accepted by the bidder,unless deviations are specifically stated seriatim by the bidder. Failure to furnish

all information required by the bid document or submission of a bid notsubstantially responsive to the bid documents in every respect will be at bidder'srisk and may result in the rejection of his bid.

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

2.3 BID SECURITY (EMD) :

Bid Security shall be as below:

Indian Bidder : Rs. 3,04,000/-

Foreign Bidder : USD 6733

2.4 TENDER FEE:

Tender fee shall be as below:

Indian Bidder : Rs. 5,000/-

Foreign Bidder : USD 111.003

SEALING & MARKING OF BIDS

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

3.1.1 PART-I (Envelope No. 1): Bid Security and Bid Document Fee:(a) Bid Security / EMD in accordance with Tender terms.

(b) Bid Document Fee: In case bidder opts to quote on the basis of downloaded biddocument from the web site, the bid Document fee must be enclosed in thisenvelope.

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

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

Qualification.

UNPRICED BID complete with all technical and commercial details, covering letter andunpriced copy of price Schedule with prices substituted with 'quoted' or 'notquoted' or 'not applicable. Deviation sheet duly filled with deviations, if any, shallform part of Unpriced Bid. The following documents shall be submitted withUnpriced bid alongwith the documents as mentioned above:

(a) Past Experience showing similar supplies.(b) Signed Tender document duly signed on all the pages, as a token of

acceptance of tender terms and conditions.(c) Duly filled in Formats towards Declaration, Deviation Sheet & Information

to be furnished by foreign bidders.(d) Unpriced Schedule (with Price figures blanked) completed in accordance

with the requirements specified in the bid document.(e) Agreed Terms & Conditions duly filled-in.(f) Any other information/details/documents/data required as per Bid

Document.

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

PRICED BID WITH FULL PRICE DETAILS to be submitted in Price Bid. The pricebid shall contain prices only in the prescribed price schedule format, without anytechnical and commercial details. Technical specifications or commercial termsgiven in unpriced schedule will only be evaluated and the same will be binding onthe Bidder.

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

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

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

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

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

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

3.1.3.6 In case of Indian Bidders, Central Public Sector Enterprises and Firms registeredwith NSIC are exempted from submission of Bid Security as well as bid documentfees. Central Public Sector Enterprises are requested to give a self declaration on

their letter head to this effect, which should be submitted in a sealed envelopemarked as Bid Security as mentioned in clause no. 3.1.1 above.

3.1.3.7 In case of Indian Bidders, Bidders registered with NSIC are also requested tosubmit self declaration on their letter head to this effect along with a copy of their

Valid Registration certificate, specifying limit of volume and other details whichshould be submitted in a separate sealed envelope no. 1 marked as Bid securityas mentioned in clause no. 3.1.1 above.

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

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4 AMENDMENT OF BID DOCUMENT

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

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

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

5 LANGUAGE OF BID

5.1 The bid prepared by the Bidder and all correspondence / drawings anddocuments relating to the bid exchanged by Bidder and the Owner shall be

written in ENGLISH language, provided that any printed literature furnished bythe Bidder may be written in another language so long as accompanied by anENGLISH translation, in which case, for the purpose of interpretation of the bid,the ENGLISH translation shall govern.

6 and 7 : DELETED

8 FORMAT AND SIGNING OF BID

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8.1 The original and all copies of the bid shall be typed or written in indelible ink andshall be signed by the Bidder or a person or persons duly authorised to sign on

behalf of the bidder on all pages of the bid. Such authorisation shall be indicatedby written Power of Attorney accompanying the bid. The name and position heldby each person signing must be typed or printed below the signature. The personor persons signing the bid shall initial all pages of the bid, except for unamended

printed literature.

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

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

9 PREPARATION & SUBMISSION OF BIDS

9.1

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

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

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

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

9.5

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

10 BID DUE DATE AND TIME

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

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

bid due date, shall thereafter be subject to the new bid due date as extended.

11 PERIOD OF VALIDITY OF BIDS

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

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

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

11.2 Not with standing above, the Owner may solicit the Bidder's consent to anextension of the period of bid validity. The request and the responses thereto shall

be made in writing. The bid security shall also be accordingly extended.

12.0 LATE BIDS

12.1 Any bid received by the Consultant after the bid due date and time prescribed inIFB will not be opened and shall be rejected.

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

13 MODIFICATION OR WITHDRAWAL OF BIDS

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

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

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

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

14 OPENING OF BIDS

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

14.2

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

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

14.4 PRICED BID OPENING (PART-III):

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

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

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

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

15.2 The bids without requisite Bid Security and/or not in the prescribed Proforma will

not be considered and bids of such Bidder(s) shall be rejected.

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

15.4 To assist in the examination, evaluation and comparison of Unpriced bids, theOwner may, at its discretion, ask the Bidder clarifications on the bid. The requestfor such clarifications and the response thereto shall be in writing. Bidder(s) tonote that Price changes against Technical/Commercial clarification, if any, in line

with terms and conditions of enquiry documents are not allowed. In case anybidder gives revised prices/price implications against such clarification(s), his bidis laible to be rejected.

15.5 Prior to the evaluation and comparison, the Owner will determine the substantialresponsiveness of each bid to the bidding documents. For the purpose of this

Article, a substantially responsive bid is one, which conforms to all the terms andconditions of the bidding document without material deviations or reservations.

The Owner's determination of a bid responsiveness is to be based on the contentsof the bid itself without recourse to the extrinsic evidence.

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

16.0 REJECTION CRITERIA

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

S.NO. CLAUSE

i) Bid Security, if applicableii) Performance Security (Contract Performance Bank Guarantee)iii) Force Majeureiv) Guarantee/Warranty clause

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v) Firm Pricesvi) Price change / implication after submission of bid

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

17 COMPARISON OF BIDS

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

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

A. When there is a difference between the rates in figures and words, the rate

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

correct.

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

correct.

C. When it is not possible to ascertain the correct rate in the manner

prescribed above the rate as quoted in words shall be adopted.

17.3 Conversion to Single Currency :

To facilitate evaluation and comparison, the Owner will convert all bid prices offoreign 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 thedate of opening of Un - priced bids.

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

17.4.1A) In case of Domestic Bidders, the evaluated price shall include thefollowing :-

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

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

iii)

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

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

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

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

bidders.iv) Port levies / port handling charges @ 2 % of CIF Value.

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

vi) Inland freight towards transportation from Port of Entry to respectivelocations (Ajmer,Jaipur, Rewari Irumpanam) @ Rs 40000/-lumpsum per location would be applied. However, inland freightshall be the responsibility of the Purchaser.

vii)

Letter of Credit (L/C) charges : 0.3% OF FOB Valueviii) Inland transit insurance : 0.5% of CIF Value.

The evaluated price of all the domestic Vendors and the evaluated price of all theforeign Vendors as stated herein before shall be compared for each itemseparately.

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

Note: Offers of Bidders not accepting Tender Delivery Period shall be loaded forevaluation purpose as per Delay Delivery Clause of tender.

18 CONTACTING THE OWNER

18.1 Subject to Article 15.4, above no Bidder shall contact the Owner on any matterrelating to its bid, from the time of bid opening to the time the Contract isawarded.

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

bid.

19 AWARD CRITERIA

The Owner will award the Contract to the successful Bidder whose bid has beendetermined to be the lowest evaluated, responsive bid, provided further that theBidder is determined to be qualified to satisfactorily perform the Contract. Theowner/consultant will determine the lowest bid for individual terms for award ofcontract.

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

20.1 Owner reserves the right to accept or reject any bid, and to annul the biddingprocess and reject all bids, at any time prior to award of contract, without therebyincurring any liability to the affected Bidder or Bidders or; any obligations toinform the affected Bidder or Bidders of the ground for the Owner's/Consultant'saction.

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

21.0 NOTIFICATION OF AWARD

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21.1 Prior to the expiration of period of bid validity, the Owner will notify the successfulBidder in writing or by fax to be confirmed in writing, that his bid has beenaccepted. The Notification of Award will constitute the formation of the Contract.

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

22.0 ISSUE OF PURCHASE ORDER

22.1 After the successful Bidder has been notified that his bid has been accepted, theOwner will send to such Bidder a detailed Purchase Order incorporating all theterms and conditions agreed between the parties.

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

23.0 Grievance Redressal Mechanism :

Hindustan Petroleum Corporation Limited (HPCL) has developed a GrievanceRedressal Mechanism to deal with references / grievances if any that are received

from parties who participated / intend to participate in the Corporation Tenders.The details of the same are available on our websitewww.hindustanpetroleum.com.

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

25.0 Bidders are requested to stamp & sign all the pages of the tender document as atoken of unconditional acceptance to tender terms & conditions. In case ofdeviations bidders are requested to mention the same separately on their letterhead and submit the same along with technical bid of their offer. No corrections intender document are allowed.

26.0 ADDRESS FOR SUBMISSION OF BIDS :

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

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CHAPTER III

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SPECIFICATION FOR

STAINLESS STEEL ARMORED HOSE AS PER

API 650/ UN BONDED FLEXIBLE PIPE AS PER

API 17J

FOR

FLOATING ROOF TANK

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TECHNICAL SPECIFICATION

1.The vendors scope covers design, manufacture, supply, testing,

installation, hydro test, supervision of commissioning & guarantee ofstainless steel armored hose as per API-650 (latest edition)/Un bonded

flexible pipe as per API 17J including connecting flange for floating roof

tank.

2. Stainless steel armored hose as per API 650/API 17J in contact with liquid

stored in the tank must be 100 % resistant to aromatics.

3. Stainless steel armored hose as per API 650/API 17J must provide

REPETITIVE LAY PATTERN (RLP) without any external support or

accessories like tethered assemblies, ballasting, chain etc, during its full

operational life.

4.Assembled hose shall not be acceptable.

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

A105 Flange.

6.The designed working pressure rating for the flexible drain tube should be

30 PSI and the test pressure should be 60 PSI.

7. Full length of tube shall be in single continuous length without any

intermediate joints in between the two end flanges

8.The stainless steel armored hose should be designed in a way that the hose

shall be kept in the same position as it was when installed. No kinking of

stainless steel armored hose shall take place during movement

(upward/downward) of the roof.

9.

No chemical attack, gas penetration or ballasting and mechanical wearshall take place with flexible tube

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

floating roof.

11. Stainless steel armored hose shall be inspected by third party

inspection agency LLOYDS/DNV/CEIL/BV or any other third party

inspection agency approved by HPCL.

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

be furnished along with supply

13. Third party inspection includes pressurizing the flexible hose to the

test pressure (60 psi), allow it to stabilize and maintain pressure for 4hours & carry out a visual inspection for leaks

14. The manufacturer shall provide hydro test certificate for the flexible

hose duly certified by third party inspection agency.

15. Vendor shall confirm the adequacy of the design of stainless steel

armored hose as per API 650/API 17J(its size & length) for 100%

evacuation when the roof is in its lowest position during maximum rainfall

intensity period

16. Vendor/ Manufacturer of the flexible tube must have minimum of 03

years of proven track record in India of satisfactory operation for similar

application in floating roof tanks. Relevant documents from the end user

shall be furnished along with the bid.

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Special Conditions of Purchase

INDEX

ARTICLE SR. NO. DESCRIPTION

1.0 MODALITIES OF CONTRACTING

2.0 SCOPE OF WORK

3.0 GENERAL

4.0 BID PRICES

5.0 POST WARRANTY MAINTENANCE CONTRACT

6.0 DELIVERY/COMPLETION PERIOD

7.0 BID SECURITY

8.0 CONTRACT PERFORMANCE BANK GUARANTEE (CPBG)

9.0 PRICE REDUCTION FOR DELAY IN COMPLETION

10.0 INSURANCE

11.0 PAYMENT TERMS

12.0 GUARANTEE/WARRANTY

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

14.0 OVERALL LIABILITY

15.0 LIABILITY CLAUSE

16.0 REPEAT ORDER

18.0 DEFINITIONS / NOTES

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SPECIAL CONDITIONS OF PURCHASE

The following articles shall supplement the instructions to Bidders and GeneralPurchase Conditions. In case of any conflict between General Purchase Conditions and

Special Conditions of Purchase, the latter shall prevail to the extent applicable.

1.0 MODALITIES OF CONTRACTING

1.1 The Order shall be awarded on Unit single point total responsibility for all

supplies and services, i.e., for complete scope of work specified in the Bid

Document covering design, manufacture, supply, testing, installation, hydro test,

commissioning & guarantee of stainless steel armored hose as per API-650 (latest

edition) including connecting flange for floating roof tank.

1.2 The resulting contract shall be on single point Sole/Prime Vendor responsibility

basis and single Order will be placed on the Vendor in whose name the BidDocument has been purchased, who will have single point responsibility for allcontractual purposes. The status of all other vendor(s) referred / identified by the

Vendor in the offer, shall be that of Vendors sub-vendor / sub-supplier only.

1.3 It is further clearly understood by the Vendor that it is for the Vendor toascertain and assess the applicable Acts/ Regulations/ Laws etc. under theabove modalities of contracting entirely of their own. It is also for the Vendor toascertain and assess the applicability of taxes, duties, levies etc. In case of anydifference of opinion between Vendors proposal and interpretation by any tax/assessing (or similar) authorities, on the rate or terms and conditions related to

taxes and duties etc., Owners liability , shall be strictly as per terms/provisions ofthe contract based on bid document and Vendors offer.

2.0 SCOPE OF WORK

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

2.1.1 Foreign Bidders:

2.1.1.1 Supplies:

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

2.2 Indian Vendors :

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2.2.1 Supplies:

System design, engineering, manufacture, supply, testing, supervision duringinstallation prior to Hydrotest and guarantee of Stainless steel armored hoseincluding connecting flanges for floating roof tank as per API 650/API 17J latestedition and supply price of all goods on FOT dispatch point (including packing &

forwarding) basis.

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

2.2.2 Inland Transportation:

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

3.0 General

Vendors price break-up in accordance with Article 2 above and as per priceschedule format (Section 6 of Bid Document) shall be solely for the purpose offacilitating evaluation of bids and for payments to be released by Owner, and willnot in any way limit the Vendors single point total responsibility for the completeSpecification of stainless steel armored hose as per API 650/API 17J for floatingroof tank and for all contractual responsibilities / obligations as stated in the BidDocument of the vendor.

3.0 BID PRICES

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

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

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

4.4 Bidders quoted prices shall be deemed to include entire Specification of flexibletube for floating roof tank drain system and all obligations and responsibilities to

be carried out / executed by the Bidder as per terms of bid document. It is clearlyunderstood by the Vendor that it is for the Vendor to ascertain and assess theapplicable Acts/ Regulations/ Laws etc entirely of their own. It is also for the

Vendor to ascertain and assess the applicability of taxes, duties, levies etc. In caseof any difference of opinion between Vendors proposal and interpretation by anytax/ assessing (or similar) authorities, on the rate or terms and conditions relatedto taxes and duties etc. , Owners liability , shall be strictly as perterms/provisions of the contract based on bid document and Vendors offer.

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

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4.6 DOMESTIC (INDIAN) BIDDERS:

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

4.6.2 Domestic Bidders shall quote prices on FOT dispatch point basis.Taxes & Dutiesto be quoted Extra. Firm freight charges shall be quoted from bidders dispatch

point upto the destination(s). Prices quoted should be based on merit rate ofcustom duty only.

4.7. FOREIGN BIDDERS

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

4.7.2 It must be clearly understood by foreign vendor that prices of such component ofvendors price for supplies being sourced form India and services such as sitesupervision during installation, training at site to be performed in India by

vendors Indian representative, which the vendor expects to be spend in India,shall also be quoted in Indian rupees only. The Indian component of prices shall

be inclusive of all Indian Taxes, duties, levies, freight charges upto site ( forsupplies items) etc and also no taxes, duties, levies and /or any variation thereofshall be payable by the owner. However, such part of services in India shall berendered by vendors foreign personnel only may be quoted in foreign currency.

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

4.7.4 Ocean Transportation & Transit insurance:

4.7.4.1.1 In case of FOB contracts, the shipping arrangements shall be made throughthe nominated agents of ministry of surface transport (Govt. of India) inaccordance with clause 18.0 of enclosed General Purchase Conditions forImports.

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

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

4.7.4.1.4 Owner reserves the right to place the order on FOB or on CIF basis. Ownermay initially place order on FOB basis and the order may be converted to CIF

basis with in three months from the date of Fax acceptance. Accordingly,bidders quoted CIF prices shall remain valid up to 3 months from the date ofFax acceptance.

4.7.4.1.5All the shipments shall be under deck only

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4.7.4.1.6 Special packaging requirements enclosed under section 4 to be compliedwith.

4.8TAXES & DUTIES

4.8.1 Indian Bidders:

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

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

4.8.1.3 The statutory variation in excise duty, education cess and sales tax / VATon finished goods, within the contractual delivery period shall be to purchasersaccount against submission of the documentary evidence. However, any increasein the rate of these taxes and duties beyond the contractual delivery period shall

be to sellers account. Any decrease in these taxes and duties shall be passed onto the purchaser.

4.8.1.4 It is for the Bidder to assess and ascertain the rate of excise duty,education Cess and sales tax/ VAT extra applicable on quoted items. It is clearlyunderstood that Owner will not have any additional liability towards payment ofExcise Duty, Education Cess and Sales Tax/ VAT which is based on Bidder's

wrong assessment / interpretation of applicability of such Excise Duty and/or

education cess and / or Sales Tax/ VAT.

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

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

4.8.1.7 HPCL shall not be liable, in case the tax authorities assesses the tax elements ina

different way on account of any reason, whatsoever.

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

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

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

specified in thissection.

(ii) Reimbursement of Octroi and/or Entry tax in the state of Maharashtra

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

4.8.2 Foreign Bidders:

4.8.2.1 Foreign Bidders prices shall include all taxes, duties, levies and any othercharges including export licensing, if any, upto the FOB international Port ofShipment.

4.8.2.2 For goods sourced and supplied from India, quoted prices (in Indianrupees) shall be on FOT Destination basis inclusive of freight charges upto siteand all applicable taxes & duties i.e. Excise Duty, Education Cess and salestax/VAT payable extra on quoted finished goods. No variation on any account

whatsoever shall be paid by the Owner.

4.8.2.3 For Services such as Site supervision during installation, assistance tocommissioning activities and training Bidders quoted prices shall be Inclusive of

Works Contract (WCT) and/or service tax as applicable, till complete execution ofthe Order/ Contract, and Owner shall not have any liability, whatsoever on thisaccount. Variation, for any reason including statutory will be to vendors account.Bidder shall furnish the total amount of Service Tax included in the quoted price.Bidder shall also ensure that the invoice(s) shows the service tax componentseparately and is issued in accordance with Service Tax Rules of Govt. of India.

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

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

4.8.3.2 Bidder may note that if any tax is deductible at source as per IndianIncome Tax Law, the same will be deducted before releasing any payment to the

bidder and a TDS (Tax deducted at source) Certificate will be furnished to thebidder. Accordingly, Bidder shall have the responsibility to check and includesuch provision of taxes in the prices.

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5.0 DELETED6.0 DELIVERY PERIOD FOR SUPPLIY :

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

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

Order Basis Delivery DateFOB / CIF for foreign bidder Date of Bill of LadingFOT SITE for Indian bidder Date of receipt of good atsite

7.0 BID SECURITY

7.1 The Bidder shall furnish, as part of his bid, a bid security in originalfor the amount specified in the Invitation For Bid (IFB)

7.2 The bid security is required to protect the Owner against the risk ofBidder's conduct, which would warrant the security's forfeiture.

7.3 In case of Domestic Bidders, the Bid Security shall be in the form ofan irrevocable Bank Guarantee ( in the format at Annexure- A ofSection-9 ) or demand draft issued by any Indian Nationalized /Scheduled Bank ( other than Co-operative Bank). In case of ForeignBidders, the Bid Security shall be in the form of an irrevocable BankGuarantee (in the format at Annexure-A of Section-9) issued by anyIndian Nationalised / Scheduled Bank (other than Co-operativeBank) or by a reputed International Bank duly Confirmed by an

Indian nationalized / scheduled bank located in India acceptable toHPCL. Bid security shall be issued in favour of M/s HindustanPetroleum Corporation Limited, payable at Mumbai

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

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

7.6 The bid security may be forfeited:

a) If a Bidder withdraws his bid during the period of bid validityor

b) In the case of a successful Bidder, if the Bidder fails or refuses to:i) Accept the Purchase Order in accordance with agreed terms and conditions.ii) Furnish Contract performance bank guarantee as per bid document/ Purchase

Order.iii) Accept arithmetical corrections to his bid as specified in clause no 17.2 ofITB.

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

Bid Security shall be strictly in the form provided in the bid document

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

7.9 Central Public Sector Undertaking of Govt. Of India are exempted from furnishingthe bid security. Firms registered with NSIC are also exempted from furnishing

bid security, provided they are registered for the tendered items. Provided furtherthat they submit a copy of the current and valid registration certificate for thequoted item. Owner reserves right to verify the registration certificate provided,

with relevant authorities.

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

8.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG]

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

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

8.2.2 For foreign bidder(s), the CPBG amount shall be equal to FIFTEENPERCENT (15%) of the Total Order Value and for Indian bidder(s), theCPBG amount shall be equal to TEN PERCENT(10%) of the Total Order

Value. This CPBG is required to be furnished towards the faithfulperformance of the Order in accordance with the Terms and conditionsspecified in the documents and specifications.

8.2 In case of Domestic Bidders, the CPBG shall be in the form of an irrevocableBank Guarantee (in the format at Annexure-B of Section-9) issued by any IndianNationalised / Scheduled Bank (other than Co operative Bank). In case of ForeignBidders, the CPBG shall be in the form of an irrevocable Bank Guarantee (in theformat at Annexure-B of Section-9) issued by any Indian nationalized / scheduled

bank located in India acceptable to HPCL. Bid guarantee shall be issued in favorof M/s Hindustan Petroleum Corporation Limited Mumbai

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8.3 The bank guarantee shall valid for the entire period of the contract, namely, tillthe end of the guarantee / warranty period. The guarantee amount shall bepayable with out demur and demand to the owner in the currency of contract.

The bank guarantee shall have a claim period of 3 months beyond thecontractual guarantee period.

8.4

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

8.4.1 Indian bidders:Total lumpsum price including supply, freight charges andassistance to commissioning as specified in this bid document, butexcluding Excise duty+Education cess, Sales Tax/VAT, Octroi/Entrytax etc.

8.4.2. Foreign bidder

a) In case order is placed on FOB basis, the lump sum price including the FOB andsite supervision, assistance to commissioning & training charges as specified inthe bid document +total lump sum FOT destination price of all items sourced andsourced from India.

b) In case order is placed on CIF basis, the total lump sum price including CIF valueup to India port of entry Navashava-JNPT( Jawar Lal Nehru Port Trust) and sitesupervision charges as specified in the bid document + total lump sum FOTdestination price of all items sourced and sourced from India.

8.5. The proceeds of performance security shall be appropriated by the owner ascompensation for any loss resulting from vendors failure to complete hisobligations under the contract to the prejudice to any of the rights or remedies the

owner may be entitled to as per terms and conditions of contract. The proceeds ofthis performance security shall also govern the successful performance of goodsand services and vendors all obligations during the entire period of contractual

warrantee / guarantee.

8.6. In case, the performance bank guarantee stated above gets reduced / deductedfor reasons of non fulfillment of any contractual obligations up to the completionof the guarantee period, the vendor shall immediately take action to increase the

value of bank guarantee to TEN PERCENT (10%) for Indian vendor(s)/ FIFTEENPERCENT (15%) for foreign vendor(s) of the contract price, to cover this guarantee/ warranty obligations.

8.7. The performance guarantee will be returned to the vendor without any interest atthe end of the warranty / guarantee period subjected to fulfillment of allcontractual obligations by the vendor.

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

9.0 PRICE REDUCTION FOR DELAY IN COMPLETION

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9.1In partial modification of the terms specified in the general purchaseconditions of Indigenous GPC & Import GPC, in the event of delay beyond thedate of delivery of supply items and/or delay beyond completion date of site

work for reasons not attributable to owner and not constituting conditions offorce majeure, it will be at owners discretion, without prejudice to his otherrights under the contract, to accept delayed supplies/completion but the

prices reduced at the rate of %(half percent) of the total value per week ofdelay or part thereof, subjected to a maximum of 5%(five percent) of the totalorder value.

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

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

9.3.1 Indian Bidders:Total Lump sum price including supply, transportation charges, site supervision,commissioning assistance & training charges but excluding Excise Duty, Sales

Tax/VAT etc.9.3.2 Foreign Bidders:

Total Lump sum price for supply ( FOB value for direct supplies + FOT destinationprice for goods sourced and supplied form India) and site supervision,commissioning assistance & training. It may be note that CIF prices in place ofFOB prices shall considered in case order is placed on CIF basis.

10.0 INSURANCE:

10.1

Bidder shall carry and maintain any and all statutory insurance(s) requiredunder Indian Laws and Regulations, including Workmen compensation

Act/ESI/Third party liabilities etc. and insurances for their personnelengaged in performance of the work at bidder's own cost.

11.0 PAYMENT TERMS

11.1 Supply:

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

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

11.1.1Indian Bidder:

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

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

11.1.2 Foreign Bidder:

(a) 75% prorata payment against shipping documents through

L/C. The shipping documents shall include Bill of Loading,packing list , freight memo, country of origin certificate, testcertificate, Inspection release note, drawings, catalogue etc.

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

Notes:

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

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

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

account of this shall be to Vendors account.

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

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

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

12.0 GUARANTEE / WARRANTY

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

13.0 DELETED

14.0 OVERALL LIABILITY:

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

15.0 LIABILITY CLAUSE

It is expressly understood and agreed by and between Bidder and M/s HindustanPetroleum Corporation Limited, (Indian Public Sector Undertaking) that M/sHindustan Petroleum Corporation Limited is entering into this agreement solelyon its own behalf and not on behalf of any other person or entity. In particular, itis expressly understood and agreed that the Government of India is not a party tothis agreement and has no liabilities, obligations or rights hereunder. It isexpressly understood and agreed that M/s Hindustan Petroleum CorporationLimited is an independent legal entity with power and authority to enter intocontracts solely on its own behalf under the applicable Laws of India and generalprinciples of Contract Law. The Bidder expressly agrees, acknowledges andunderstands that M/s Hindustan Petroleum Corporation Limited. is not an agent,representative or delegate of the Government of India. It is further understood andagreed that the Government of India is not and shall not be liable for any acts,omissions, commissions, breaches or other wrongs arising out of the contract.

Accordingly Bidder hereby expressly waives, releases and foregoes any and allactions or claims, including cross claims, impleader claims or counter claimsagainst the Government of India arising out of this contract and covenants not tosue to Government of India as to any manner, claim, cause of action or thing

whatsoever arising of or under this agreement

16.0 REPEAT ORDER:

Repeat order shall be applicable on mutual consent within 12 months from the date

of release of original PO.

17.0 Deleted

18.0 DEFINITIONS / NOTES

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

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

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

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

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

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

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

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

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

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

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

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

Acts/Regulations.

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

19.Addresses of locations where product is to be delivered

AJMER TERMINAL APT PROJECT :

AJMER TERMINALHINDUSTAN PETROLEUM CORPORATION LIMITMUNDRA DELHI TUBELINEC/O GANGWAL SERVICE STATION (PETROL PUMP)NEAR RAILWAY HOSPITAL

AJMER-BEAWAR ROADAJMER-305001, RAJASTHANContact Person Mr.AVINASH KANSAL Tel: +91-9414004107

JAIPUR TERMINAL APT PROJECT

HINDUSTAN PETROLEUM CORPORATION LIMITEDKH No.2904, BEHIND RIICOCHITROLI INDUSTRIAL AREABAGRU KALAN

AJMER ROADJAIPUR-RAJASTHAN-302007

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

REWARI TERMINAL APT PROJECT

HINDUSTAN PETROLEUM CORPORATION LIMITED

BAWAL ROADVILLAGE P.O KARNAWASREWARI DIST.HARYANA-123 401

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

IRUMPANAM TERMINAL APT PROJECT

HINDUSTAN PETROLEUM CORPORATION LIMITEDIRUMPANAM TERMINALSEAPORT- AIRPORT ROADIRUMPANAMKOCHI-682309KERALA

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

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CHAPTER -V

GENERAL PURCHASE CONDITIONS FOR INDIGENOUSMATERIALS AND EQUIPMENTS

INDEX

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

9. WEIGHTS AND MEASUREMENTS10. DESPATCH INSTRUCTIONS11. OILS & LUBRICANTS12. SPARE PARTS13. PACKING AND MARKING14. SHIPMENT AND SHIPMENT NOTICES15. CONTROL REGULATIONS16. TRANSIT RISK17. RESPECT FOR DELIVERY DATES18. DELAYED DELIVERY19. DELAYS DUE TO FORCE MAJEURE20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER22. PRICE23. TERMS OF PAYMENT24. INVOICING25. RECOVERY OF SUMS DUE26. CHANGES27. CANCELLATION28. PATENTS AND ROYALTIES29. PERFORMANCE GUARANTEE30. NONWAIVER31. NON ASSIGNMENT

32. PART ORDER / REPEAT ORDER33. VENDORS DRAWINGS AND DATA REQUIREMENT34. TECHNICAL INFORMATION35. SERVICES OF VENDORS PERSONNEL36. VENDORS LIABILITY37. OWNERS MATERIAL38. HEADINGS39. ARBITRATION40. JURISDICTION41. VAT Set-off

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1. DEFINITIONS

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

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

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

"Contractual Delivery Date": Contractual Delivery date is the date on which goods shall bedelivered F.O.R / F.O.T. Dispatching Point / destination in accordance with the terms of

the Purchase Order. This contractual delivery date / period is inclusive of all the lead timefor engineering, procurement of raw materials, manufacturing, inspection, testing packingand any other activity whatsoever required to be accomplished for effecting the delivery atthe agreed delivery point.

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

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

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

calculation of :

a) Price reduction on account of delayed deliveries

b) Performance Bank Guarantee Amount

2. REFERENCE FOR DOCUMENTATION

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

3. CONFIRMATION OF ORDER

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

4. SALES CONDITIONS

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

5. COMPLETE AGREEMENT

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

6. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order shall be subjectto inspection and testing at any time prior to shipment and or dispatch and to finalinspection within a reasonable time after arrival at the place of delivery. Inspectors shallhave the right to carry out the inspection and testing which will include the raw materials atmanufacturers shop, at fabricator's shop and at the time of actual dispatch before and aftercompletion of packing.

All tests, mechanical and others and particularly those required by codes will be performedat the Vendor's expenses and in accordance with Inspector's instructions. The Vendor willalso bear the expenses concerning preparation and rendering of tests required by Boiler

Inspectorate or such other statutory testing agencies or by any other reputed inspectionagencies as may be nominated by the Owner.

The salaries and fees of Inspectors and their traveling, lodging and boarding expenses willnot be borne by the Vendor unless inspection becomes infructuous due to any omission orcommission on the part of the Vendor. Before shipping or dispatch, the equipment and ormaterials will have to be checked and stamped by inspectors who are authorized also toforbid the use and dispatch of any equipment and / or materials which during tests andinspection fail to comply with the specifications, codes and testing requirements.

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

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

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

The Vendor's responsibility will not be lessened to any degree due to any comments made byProcurement Coordinators / Managers and Inspectors on the Vendor's drawings or by

Inspectors witnessing any chemical or physical tests.

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

7. OFFICIAL INSTITUTIONAL TESTING

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

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

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

8. EXPEDITING

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

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

9. WEIGHTS AND MEASUREMENTS

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

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

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

10. DESPATCH INSTRUCTIONS

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

10.2 In case dispatch by rail is specified in the Purchase Order. Vendor shall exercise due care

and ensure that the consignment shall be booked under appropriate railway classification,failing which, any additional freight incurred by Owner due to Vendor's booking thematerial under a wrong classification shall be to Vendor's account.

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

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

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

11. OILS & LUBRICANTS

The first filling of oils and lubricant, if any, required for every equipment shall be includedin the price and appropriate product manufactured by Hindustan Petroleum Corporation

Ltd. shall be used. The Vendor shall also recommend the quality / quantity of oils andlubricants required for one year continuous operation.

12. SPARE PARTS

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

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

13. PACKING AND MARKING

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

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

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

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

All manufactured surface shall be painted with rust proof paint.

All small pieces shall be packed in cases.

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

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

From :

For : Hindustan Petroleum Corporation Limited

Destination :

Order No. :

Rev. No. :

Item :

Net weight :

Case No. :

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Of total cases :

Dimensions :

For every order and every shipment, package must be marked with serial progressivenumbering. All packages that require special handling and transport should have theircenters of gravity and points at which they may be slung or gripped clearly indicated and

marked: "ATTENTION SPECIAL LOAD HANDLE WITH CARE" both in Hindi and Englishlanguage.

14. SHIPMENT AND SHIPMENT NOTICES

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

Immediately after shipment, Vendor shall inform dispatch particulars to Owner /Procurement Coordinators as informed during the course of project.

The Vendor shall carefully note the destination of materials.

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

15. CONTROL REGULATIONS

The supply, dispatch and delivery of goods shall be arranged by the Vendor in strictconformity with the statutory regulations including provision of Industries (Developmentand Regulation) Act 1951 and may amendment thereof as applicable from time to time.

The Owner disowns any responsibility for any irregularity or contravention of any of thestatutory regulations in manufacture or supply of the stores covered by this order.

16. TRANSIT RISK

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

17. RESPECT FOR DELIVERY DATES.

Time of delivery as mentioned in the Purchase Order shall be the essence of the contractand no variation shall be permitted except with prior authorization in writing from theOwner. Goods should be delivered securely packed and in good order and condition at the

place and within the time specified in the Purchase Order for their delivery. Where nodelivery period is expressl