HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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MINUTES OF PRE BID MEETING PUBLIC TENDER NO: 13000113-HD-14001
HIRING OF STORAGE TANKS FOR FO (380/180) CST AND HFHSD AND TERMINALLING SERVICES FOR BUNKERING AT COCHIN PORT
DATE: 05.09.2013 VENUE: HPCL KOCHI DSRO Prospective Bidders present
1. HHA Tanks Pvt Ltd – Mr Mohandas
2. Ganesh Benzoplast – Mr Biju George & Mr.Venu Krishnan
3. Konkan Storage Systems Pvt Ltd – Mr Sebin George
HPCL
1. H Padmanabhan, ChM gr – Procurement DS
2. Ashish Khanna – Sr.Mgr – Marine Sales
3. Hemant Dhamija, SRM – Kochi DSRO
4. George Zacharia, Manager – I&C, Kochi DSRO
Ch.Manager Procurement welcomed the participants and made a PPT presentation. Thereafter the prospective bidders present raised following queries and responses have been given by HPCL. Query 1: Bidders wanted to have more clarity on minimum pumping rate given in tender: Answer: It was explained that defined pumping rates were for respective products at ambient temperature. Query 2: Is Excise Registration , ISO Certificate from DG –Shipping & DM’s NOC , as given in Tender document page number: 18 required. Answer: Successful bidder shall give HPCL all requisite documents and the assistance for obtaining
Excise Duty Registration for storage of Mixed Bonded product. ISO Certificate from DG- Shipping - Documentary support to be provided by the successful
bidder to enable HPCL obtain DG Licence for bunkering , basis ISO certification wherein Hired Tanks are incorporated and obtained by HPCL.
DM’s NOC- Submission of the is not compulsory and is optional for all Bidders. Query 3: Security Deposit should not be insisted upon since Product Guarantee of Rs.50 Lakhs is already being taken against tender. Answer : The same has been agreed and changes shall be advised accordingly. Query 4 : Will HPCL assure any minimum business against the tender? Answer: No. However, the approximate thruput volumes anticipated in the next 5 years are as under :
380 cst in MT 180 cst in MT HFHSD in KL Year 1 144000 40000 35000 Year 2 156000 45000 45000 Year 3 180000 50000 50000 Year 4 192000 55000 55000 Year 5 236000 60000 60000
Query 5 : Will HPCL allow an escalation in quoted rates? Answer: No escalation shall be allowed against the tender. Query 6 : What is the basis of determining minimum tank size? Answer: This is required to accommodate the minimum parcel size. The meeting concluded with vote of thanks.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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HINDUSTAN PETROLEUM CORPORATION LIMITED
DIRECT SALES DEPARTMENT, 2nd FLOOR, HINDUSTAN BHAVAN 8, SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400 001 TEL No: 022-22637280 FAX No: 022-22671077 / 22637283 Email: [email protected]
TENDER No: 13000113-HD-14001
TENDER DOCUMENT
FOR
HIRING OF STORAGE TANKS FOR FO (380/180CST) AND HFHSD AND TERMINALLING SERVICES FOR BUNKERING AT COCHIN PORT
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 2 of 55
HINDUSTAN PETROLEUM CORPORATION LTD
DIRECT SALES SBU, 2ND
FLOOR, HINDUSTAN
BHAVAN, 8,SHOORJI VALLABHDAS MARG
BALLARD ESTATE, MUMBAI - 400001
TEL : 91 – 22 – 22637280/ 22637217
FAX No : 91 – 22 – 22671077 / 22637283
COVERING LETTER REF : LUB/PUR/HP/MM Dated : 30/08/2013
Public Tender No. : 13000113-HD-14001
Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and
Terminalling Services for Bunkering at Cochin Port
Contract Period : 5 years from the date of LOI/PO or till exhaustion of PO quantity,
whichever is earlier.
Due Date : 19/09/2013 @ 11.30 Hrs
EMD : Rs. 10.50 Lakhs
Pre- Bid Meeting : On 05/09/2013 @ 11.00 Hrs
Dear Sirs
We invite your most competitive e-bid (Public e-tender) online only at site https://etender.hpcl.co.in
for Hiring of Storage Tanks for FO (380/180cst) and HFHSD and Terminalling Services for
Bunkering at Cochin Port, for a period of 5 years from the date of LOI/PO or till exhaustion of
PO quantity, whichever is earlier.
HPCL is planning to Hire Storage Tanks and Terminalling Services for Furnace Oil (FO) 380/180 cst
and High Flash High Speed Diesel (HFHSD) from reputed Tankfarm Operators for Bunkering
Operations in Kochi. The job will include storage of FO 380/180cst/HFHSD (duty paid and duty free) ,
Tank Truck decanting for product receipt from HPCL, receipt through pipeline from HPCL chartered
vessels or other HPCL sources, pumping of fuel to barges/vessels calling at Cochin port.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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The hiring of facilities and Terminalling Services will be for period of 5 years or till exhaustion
of PO quantities, whichever is earlier.
The various documents to be scanned / uploaded (duly signed and stamped by the tenderers) along
with your tender, as follows.
ATTACHMENT I PRE QUALIFICATION CRITERIA
ATTACHMENT II SCOPE OF WORK
ATTACHEMNT III GENERAL TERMS AND CONDITIONS
ATTACHMENT IV
SPECIAL TERMS AND CONDITIONS
ATTACHMENT V
UNPRICED BID TO BE SCANNED AND
UPLOADED ONLINE
ATTACHMENT VI DECLARATIONS IN TECHNICAL BID
ATTACHEMENT VII DEVIATION SHEET
ATTACHMENT VIII FORMAT FOR BANK GUARANTEE IN LEIU OF EMD
ATTACHMENT IX DRAFT AGREEMENT COPY
ATTACHMENT X FORMAT FOR BANK GUARANTEE AGAINST HPCLs PRODUCT
ATTACHMENT XI INTEGRITY PACT
PRICED BID
TO BE FILLED ONLINE
IN PRICED BID
Bids are to be submitted online only at site https://etender.hpcl.co.in. Bids received in any other form
shall not be accepted. For on-line bidding, please visit website
https://etender.hpcl.co.in, click the link “Vendor Instruction Manual” and follow the procedure given
therein.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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The tenderers are required to submit their offer in two parts, namely “Technical Bid and Priced Bid”.
Technical Bid is needed to be scanned and uploaded on e-proc site & Price Bid has to be filled in the
online system. Whereas EMD (DD/BG) and Integrity Pact duly signed and sealed has to be submitted
in the envelope superscribed EMD as applicable against tender number & subject & dropped into
“Tender Box for DIRECT SALES” at Ground Floor, Hindustan Bhavan, 8, Shoorji Vallabhdas
Marg, Ballard Estate, Mumbai - 400 001, before due date & time.
The EMD (Original BG/ Original DD) and Original Integrity Pact should be dropped in the
tender box for Direct Sales at Hindustan Petroleum Corp. Ltd., Ground Floor, Hindustan
Bhawan, 8, S. V. Marg, Ballard Estate, Mumbai 400 001.
IF EMD (ORIGINAL BG/ ORIGINAL DD)AND ORIGINAL INTEGRITY PACT IS NOT
SUBMITTED ON OR BEFORE TENDER DUE DATE & TIME IN PHYSICAL FORM, YOUR
QUOTATION WILL BE REJECTED.
ALL REVISIONS ,CLARIFICATIONS ,CORRIGENDA ,ADDENDA ,TIME EXTENSIONS
ETC.,TO THE TENDER WILL BE HOSTED ON HPCL WEBSITE
(www.hindustanpetroleum.com) ONLY. BIDDERS SHOULD REGULARLY VISIT THIS
WEBSITE TO KEEP THEMSELVES UPDATED.
PLEASE NOTE THAT QUERIES RELATED TO SCOPE OF JOB, TENDER
SPECIFICATIONS, TERMS & CONDITIONS ETC. SHOULD BE EMAILED LATEST
BEFORE THE 6 DAYS OF DUE DATE/EXTENDED DUE DATE TO
Ms. Maureen Maheshwari, Manager Purchase DS– e-mail ID [email protected]
Ph: 022-226372280
Mr G. Zachariah - Cochin Direct Sales RO, Tel No : 0484, 2314543, 2314427 email-
GENERAL INSTRUCTIONS FOR E-PROCUREMENT:
Bidders are required to submit offer in HPCL‟s E-Procurement system (https://etender.hpcl.co.in)
only.
i. In case of any deviation from Tender Specification and “Terms & Conditions”, details of the same
has to be mentioned in the deviation form provided therein.
ii. Scanned copy (with vendors seal & signature) of Technical Document, detailed literature along with
pamphlets and performance curves as applicable shall be uploaded on HPCL‟s E-Procurement system.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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TECHNICAL SUPPORT & HELP FOR E-PROCUREMENT SYSTEM
In case of any issue in logging into the site or any issue in Uploading certificate/Bid preparation/Bid
submission you may call on this Telephone No - 022-42100111. The help-desk services shall be
available from Monday to Saturday, between 10.00AM to 6.00PM only, except Public holidays.
In case, the above Phone is unreachable, you may alternately call on the Mobile no. 08108-988-611
but only on the days and time given above.
1. This is an e- tender and bids are to be submitted on-line only. Response in any other form shall not
be accepted.
2. While on-line bidding, bidders would be required to upload the scanned copy in PDF-format of
EMD instrument.
3. For bidding it is suggested that bidders should not wait for last date/ tender due date for their
bid preparation as several documents are to be uploaded in the offer and prices are to be entered
on screen for all items. There is a facility to keep the bid ready in the system for final submission,
however bidders are requested to keep sufficient time margin with them for modifications,
connectivity issues etc. For details please refer tender document.
4. For New Vendors/ First time Users: The process of e-registration in HPCL e-procurement
portal http://etender.hpcl.co.in involves following steps;
I. Clicking on enrolment option available at above referred site and selecting desired user id,
password, email id, company name & submitting.
II. After submitting the details, a challenge phrase from HPCL server will be send to vendor‟s
email id. Then again vendor has to go to above referred site & choose login option by using his
user name, password and challenge phrase and complete two pages having company name,
company short name, incorporation type, address, email, contact person, contact number,
numbers of years of company incorporation, Indian or foreign bidder, PAN number in case of
Indian bidder (foreign bidder has to provide his tax number at this place which is used for filing
income tax returns in their respective countries), phone number and fax number.
III. These two steps can be completed by the bidders. After completion of registration bidders shall
contact any of the following officers for approval of registration:
i. Shri H Padmanabhan, Ch. Manager Procurement – DS Tel No:022-22637217 E-mail:
ii. Ms. Maureen Maheshwari, Manager Purchase – DS Tel No: 022-22637280 E-mail ID:
5) After approving the registration, bidder will be in a position to participate e- tender inquiry.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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Please note, to respond to the tenders which will be published in our website, Bidders will have
to obtain digital certificate (which is must for online bidding and compatible with HPCL
website), meant for tendering purpose, having the facility of data encryption and decryption so
that bidders may be in a position to submit their online bids, encrypt it, sign it and it can be
decrypted and opened at due date and time by HPCL authorized representative.
Notes :
Tenderer is advised to visit website https://etender.hpcl.co.in. and download tender document.
An Index of the whole set of Tender Documents including all attachments with respective page nos. is
to be attached as first page of your Bid Response.
1) Purchase orders will be finalized on one overall lowest party for 100% Contract Value
considering Net delivered rate for HPCL. Net delivered rate shall be calculated on the basis of the
tender quantity, quoted rates, applicable taxes net of input service tax credits.
2) Tenderer should read tender conditions carefully and upload the same duly signed by them in token
of having read, understood and accepted the tender conditions. Tenderer is requested to scan and
upload entire tender set (duly filled and signed ) along with their offer at provided place.
3) Vendors shall fill the online Priced Bid for „Basic price‟ and duties and levies thereof in line with
the online Priced Bid Format. DO NOT UPLOAD PRICES IN THE TECHNICAL BID OF THE
TENDER. Levies and duties quoted in the un-priced bid will be considered final. Changes in Price
Bid will not be allowed after the tender due date.
4) If EMD (BG/ DD) and Integrity Pact is not scanned & uploaded along with
Technical/Unpriced Bid & original EMD (BG/DD) and Original Integrity Pact physically not
submitted before due date & due time, your quotation will be rejected.
5) The EMD and „Integrity Pact‟ (sealed envelope with Tender Number & due date superscribed on
envelop) should be dropped in “Tender Box” for Direct Sales at Ground Floor, Hindustan Bhavan,
8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001.
6) Late / delayed EMD received after the stipulated last date & time for receipt of tenders, due to any
reason including postal delay, will not be considered.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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7) Any tender received late or not conforming to the terms and conditions prescribed in the tender
documents are liable to be rejected. Tenders with Counter terms / conditions or modifications of
stipulated clauses are liable to be rejected.
8) The system time (IST) displayed on the E procurement Web page will be considered for
determining the expiry of the due date and time and no other time will be taken into consideration.
HPCL will not take any responsibility for the late submission of Bids online due to the reasons for
lack of connectivity, non availability of site, failure to upload any documents etc.
9) Tenderers are advised in their own interest to quote strictly as per Terms and Conditions of
the Tender and not to add any conditions of their own or to modify the terms and conditions
stipulated in the Tender. In case of any deviations to the Tender Terms & Conditions, the
same should be submitted separately in the format as per Annexure VII.
10) The Integrity Pact duly signed by the authorized official of HPCL and the Contractor, will form
part of this contract / supply order.
Proforma of Integrity Pact (which is issued along with the bidding document) shall be returned
by the bidder along with technical bid, duly signed by the same signatory who signs the bid i.e.
who is duly authorized to sign the bid. All the pages of the Integrity Pact shall be duly signed
by the same signatory. Bidder‟s failure to return the Integrity Pact along with the bid, duly
signed, shall lead to outright rejection of such bid.
If the Bidder has been disqualified from the tender process prior to the award of contract
according to the provisions under Integrity Pact, HPCL shall be entitled to demand and recover
from bidder Liquidated damages amount by forfeiting the EMD/Bid security (Bid Bond) as per
provisions of Integrity Pact.
If the contract has been terminated according to provisions of the Integrity Pact, or if HPCL is
entitled to terminate the contract according to provisions of Integrity Pact, HPCL shall be entitled
to demand and recover from the Contractor liquidated damages amount by forfeiting the
Performance Bank Guarantee / Security Deposit as per Integrity Pact.
11) This tender is governed by Grievance Redressal Mechanism as prescribed in HPCL Website:
www.hindustanpetroleum.com
12) All revisions ,clarifications ,corrigenda ,addenda ,time extensions etc.,to the tender will be hosted on HPCL website (www.hindustanpetroleum.com) only. Bidders should regularly visit this website to keep themselves updated.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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PRE- BID MEETING : A Pre Bid meeting will be held on 05/09/2013 at HPCL Kochi
DSRO, Karshaka Road, Kadavanthara, Kochi - 682016, at 11.00 Hours.
For any information/clarification regarding the tender, the following persons may be contacted :
Related to only the technical scope of the tender: Mr G. Zachariah - Cochin Direct Sales RO, Tel
No : 0484, 2314543, 2314427 email- [email protected]; Related to commercial, evaluation,
finalisation : Ms Maureen Maheshwari , Manager-Purchase (DS BU) ; Tel No : 22637280, email
Vendor to immediately bring to the notice of HPCL any discrepancy/duplication of which will be final
binding.
HPCL reserves the right to reject any offer in part or full without assigning any reason whatsoever.
Thanking you,
Very truly yours,
H Padmanabhan
Ch. Manager – Procurement (DS)
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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ATTACHMENT - I MINIMUM QUALIFYING CRITERIA / PRE – QUALIFICATION CRITERIA: Tenderer who fulfil the following Minimum Qualifying Criteria shall submit their documents against this tender, supporting the following criteria along with the Un-Priced Bid: 1. Average Annual Financial Turnover of the previous 3 financial years viz. 2009-10, 2010-11 & 2011-12 should not be less than Rs. 75,00,000/- (Rupees Seventyfive Lakhs Only). Please submit notarised copy of audited Profit & Loss Statement / Certification from Chartered Accountant for the last 3 years viz. 2009-10, 2010-11 & 2011-12. 2. Technical: The tenderer should have the experience of having successfully completed similar work during the last 7 years, period ending 31st July, 2013, as follows: 3 orders worth minimum of Rs. 100 Lakhs each or 2 orders worth minimum of Rs. 125 Lakhs each or 1 order worth minimum of Rs. 200 Lakhs Similar Work: For the purpose of this Tender, Tank Terminalling Services for White Petroleum Oil or Black Petroleum Oil , will be considered as similar works. Please submit copy of Purchase Orders or Work Order or Certificate/Letter from end user stating that the PO/ Work Order have been completed satisfactorily. 3. EMD: Rs. 10.50 Lakhs.
4. Affiliates: Only one affiliate shall apply. 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 upto 3 affiliates may make a joint bid as a consortium, and in which case the conditions applicable to a consortium shall apply to them. “Affiliate” of a Party shall mean any company or legal entity which: (a) controls either directly or indirectly a Party, or (b) which is controlled directly or indirectly by a Party; or (c) is directly or indirectly controlled by a company, legal entity or partnership which directly or indirectly controls a Party.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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“Control” means actual control or ownership of at least a 50% voting or other controlling interest that gives the power to direct, or cause the direction of, the management and material business decisions of the controlled entity. Bids may be submitted by: 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; Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 3 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 the bidder(s) is/are a consortium (including an unincorporated JV), then the following conditions shall apply: 1) Each member in a consortium may only be a legal entity and not an individual person; 2) The Bid shall specifically identify and describe each member of the consortium; 3) the consortium member descriptions shall indicate what type of legal entity the member is and its jurisdiction of incorporation (or of establishment as a legal entity other than as a corporation) and provide evidence by a copy of the articles of incorporation (or equivalent documents); 4) One participant member of the consortium shall be identified as the “ 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 members in the form of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member’ commitment to perform all relevant tasks and obligations in support of the Prime/lead member of the Consortium and a commitment not to withdraw from the Consortium;
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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8) No change shall be permitted in the number, nature or share holding pattern of the Consortium members after pre-qualification, without the prior written permission of HPCL. 9) No change in project plans, timetables or pricing will be permitted as a consequence of any withdrawal or failure to perform by a consortium member; 10) No consortium member shall hold less than 25% stake in a consortium; 11) Entities which are affiliates of one another are allowed to bid either as a sole bidder or as a consortium only; 12) Any person or entity can bid either singly or as a member of only one consortium. Bids not meeting the above 4 Pre-Qualification Criteria will be rejected.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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ATTACHMENT - II
Tender No. : 13000113-HD-14001
Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and
Terminalling Services for Bunkering at Cochin Port
Contract Period : 5 years from the date of LOI/PO or till exhaustion of PO quantity,
whichever is earlier.
SCOPE OF JOB:
This Tender envisages Hiring of External Tankages and providing Storage and Terminalling services
at Cochin Port. The Job includes storage of FO(380/180 cst)/HFHSD (Duty Paid and Duty free) , TT
decanting for Product receipt from HPCL , Receipt through Pipeline from HPCL Chartered Vessels,
Other HPCL Sources and Pumping of Fuel to Vessels/Barges calling at Cochin Port.
At the end of the Contract Period, the balance pumpable quantity will be pumped to Tank Trucks to be
placed by HPCL, at no extra cost.
Vendors are required to possess the following Infrastructure for timely and exact Delivery of Bunkers
to the Vessels:
1. 2 Nos. Storage Tanks for HFHSD of safe capacity 1 to 2 TMT (EACH) and 4 to 5 nos. for
Furnace Oil (380/180 cst) of safe capacity 3-4 TMT (EACH) are proposed to be hired. The
offered tanks for FO 380 cst must have heating arrangement.
Heating arrangement for FO 380cst product Tank, for proper pumping to be made available as and
when required. Cost of heating will be reimbursed by HPCL as per usage only. Rates quoted shall
be exclusive of heating charges.
2. Dedicated pipelines/pumps for pumping and receipt of HFHSD and Furnace Oil i.e separate Black
Oil and White Oil lines are required for the purpose with pigging arrangement exclusively for use
by HPCL.
3. Minimum 2 bay Gantry each for FO/HFHSD for loading/unloading operations.
4. Generator Power backup/Manpower/Weighing Bridge/Other infrastructure as required
for running these facilities in good order.
Non – Compliance of the above 4 conditions may render the bid liable for rejection.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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5. The Hiring of facilities will be for period of 5 years or till exhaustion of PO quantities,
whichever is earlier.
6. HPCL does not guarantee any minimum THRUPUT Volume per month.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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ATTACHMENT - III
Tender No. : 13000113-HD-14001
Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and
Terminalling Services for Bunkering at Cochin Port
Contract Period : 5 years from the date of LOI/PO or till exhaustion of PO quantity,
whichever is earlier.
GENERAL TERMS AND CONDITIONS
1) Earnest Money Deposit (EMD) :
a) Tenderer will have to pay Earnest Money Deposit (EMD) as mentioned in the covering
letter or elsewhere in the tender document. EMD should be paid as under:
EMD AMOUNT MODE OF PAYMENT
Rs.10,50,000/-
Demand draft drawn in favour of Hindustan Petroleum Corporation Limited
payable at Mumbai from Nationalised Bank / Scheduled Bank (other than Co-
operative Bank) valid for 6 months from the due date or extended due date of
tender.
(OR)
Original Bank Guarantee from Nationalised Bank / Scheduled Bank (other
than Co-operative Bank) valid for 6 months from the due date or extended
due date of tender. Format is as per attachment.
b) Tenders / offers received without EMD will be rejected.
c) Cheques / Cash / Money Orders or any other documents are not acceptable towards EMD
and if EMD is paid in the form of such documents then tenders will be treated as
submitted “WITHOUT EMD” and such tenders will be rejected.
d) Linking with earlier transactions / adjustments with pending bills or any other amount
payable by HPCL is not allowed.
e) EMD refund will be made to unsuccessful tenderers after finalisation of the tender.
f) In case of successful tenderers, EMD refund will be made only after payment of
necessary Security Deposit against Purchase Order placed on them.
g) EMD will not carry any interest.
h) EMD will be refunded by Cheque.
i) EMD is liable to forfeiture in the event of :
i. Withdrawal of offer during the validity period of the offer.
ii. Non-acceptance of orders when placed.
iii. Non-confirmation of acceptance of orders within stipulated time after placement
of orders.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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iv. Any unilateral revision made by the tenderer during the validity period of the
offer.
v. Non-execution of the Contract after acceptance of the contract / order due to any
dispute of the tenderers or any reason whatsoever.
vi. Non-payment of Security Deposit or non-submission / non-approval of sample
within stipulated period.
If the „Terminalling Services Agreement‟ is not signed and if Bank Guarantee is not
furnished within 30 days of placement of Purchase Order.
2) Validity of offer from Tenderer :
Offers should be valid for acceptance for a period of 120 days from the due date or extended due date
of the Tender. Once the tender is accepted and work awarded, the rates should be valid for the entire
contractual period. No tenderer will be allowed either to withdraw or to revise his offer after the last
date of receipt of tender. Any offer containing variations from our terms and conditions and or
containing counter conditions will not be accepted. Tenderers are advised in their own interest to
quote strictly as per terms and conditions stipulated by HINDUSTAN PETROLEUM
CORPORATION LTD. and not to add conditions of their own or to modify the terms and conditions
stipulated in the tender.
3) Acceptance of Tenders :
HPCL reserves the right to accept any tender in whole or in part or reject any or all tenders
without assigning any reason. The decision of HPCL in this connection shall be final.
4) General Instructions :
a) All entries and rates in the tender must be written in permanent ink or typewritten. Erasures,
over-writing or corrections if any should be attested under the full signature of the tenderer
b) Any tender received late or not conforming to the terms and conditions prescribed in the
tender documents is liable to be rejected.
5) Firm Price:
Quoted rate will remain firm throughout the validity period of contract/ order.
6) Security Deposit :
Security Deposit equivalent to 1% of basic value of order, will be submitted by successful
tenderer to our Disbursement Section (Payment Authority) otherwise the same shall be deducted
from successful tenderer‟s first bill. Earnest Money Deposit (EMD), will be refunded after
submission of Security Deposit. Linking with earlier transactions / adjustments with pending bills
or any other amount payable by HPCL, is not allowed.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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Security Deposit will be towards faithful performance of the tender / order terms and satisfactory
supply of materials as per specifications and will not bear any interest. Security deposit shall be
refunded to successful tenderer directly by our Disbursement Section after producing a satisfactory
completion certificate from the location(s) where materials is supplied. PO No. & Date should be
indicated in the completion certificate /
letter. Security Deposit will be refunded by Cheque. Security Deposit shall be liable to be forfeited
wholly or in part in case the successful tenderer fails to supply or fulfil any of their contractual
obligations.
7) Payment Terms :
Payment will be made within 15 days from receipt of bills at the following disbursement section .
Payment Authority (HPCL Office at)
Disbursement Section,
HPCL Cochin DSRO
8) Validity of Order :
Order will be valid for a period of 5 years from the date of placement of letter of intent / purchase
order or till exhaustion of PO quantity, whichever is earlier.
9) Negotiations: HPCL reserves the right to negotiate with Tenderers. In the event of
negotiations, tenderer will be required to confirm the negotiations in writing. If tenderer fails
to comply with this requirement, HPCL reserves its right to ignore his quotation at its
discretion.
10) Interpretation: In case of any lack of clarity/ inconsistency/ ambiguity in the meaning or
interpretation of any Bid submitted to HPCL or any Terms and Conditions or words in the tender
document, then the interpretation of HPCL regarding the same shall be final and binding on all parties.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 17 of 55
ATTACHMENT – IV
Tender No. : 13000113-HD-14001
Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and
Terminalling Services for Bunkering at Cochin Port
SPECIAL TERMS AND CONDITIONS :
1. The successful bidder and HPCL shall jointly sign the the “TERMINALLING SERVICES
AGREEMENT” , within 30 days of placement of Purchase Order, the draft copy of which ia attached
to the tender as Attachment – VIII. This contract will be for period of 5 years from the date of LOI/PO
or till exhaustion of PO quantity, whichever is earlier.
2. Since the hired tanks will also store Bonded (Duty free) product, the necessary approval for
mixed bonding will be taken by HPCL from the Central Excise Department for HPC Product. The
Operator to provide all required support to HPCL which is deemed necessary for getting the approvals.
The Tanks hired by HPCL will be used only for their operation and no other product is to be stored in
the Hired Tanks. HPCL will be the sole Owner of the stored product and the Operator will have no
rights whatsoever to claim ownership or any other right on the Product. The operator will have to clean
such Tank before handing over to HPCL.
3. Rates to be quoted separately for Storage of FO 380/180 cst per MT and HFHSD per KL
basis. Payment for Storage of FO 380/180 cst/ HFHSD will be made on the "THRUPUT" of the
Product during a calendar month under the Head "HFHSD/FO Storage" .
"THRUPUT" is defined as under:
THRUPUT = OPENING STOCK IN THE HIRED TANK ON THE FIRST DAY OF THE
CALENDER MONTH. + RECEIPT IN THE HIRED TANKS DURING THE CALENDER MONTH
( from Vessel, TT or any other means)
Payment for pumping of the Product to the Vessel/Barge for Bunkering Operation will be made
separately under the Head " FO/HFHSD Pumping Charges " per MT or per KL respectively for actual
Delivery.
Payment against the contract , for each grade of product will commence individually and only
from the date of receipt of the first Parcel of the respective grade of product from HPCL . Tank
should be cleaned before taking HPCL Product in the Hired Tank. At the end of the Contract Period,
the balance pumpable quantity will be pumped to Tank Trucks.at no extra cost.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 18 of 55
Operators are required to submit the quotation with Rates exclusive of all statuatory levies/taxes.
Statuatory levies/taxes as applicable to be shown separately.
4. Operator to provide Computer with following minimum Specifications and a clerk for
documentation and maintaining of records:
Pentium IV Processor of 256 MB RAM
40 GB Hard Disk
Color Monitor
Broadband Internet Connection and Modem
Printer: Dot Matrix, Phone/Fax for setting up a computer network with internet
access thru Broadband connection of adequate speed / bandwidth so that HPCL software may be loaded and invoicing done from this location.
Party to provide computer and related infrastructure for installing software for invoicing as and
when required. Billing provisions to be made by the successful party and they will operate on
software with limited menu. Supplies will be effected on authorization in writing from HPCL.
Under no circumstances, deliveries can be made to any customer or depot without proper
HPCL documents. In case it is found that operator has extended unauthorized shipments of
products without payment, the value of such cost of product shall be recovered @ 150% of the
value of such cost of product from the Operator.
5. The following Documents are to be submitted by the Bidders along with the Tender.
i) Copy of Excise Registration No.
ii) Availability of HFHSD/FO Storage tanks - Recap of your existing facilities - Pumping Rates /
Power Backup / Tanks and Bays, connectivity to the nearest Berth , other facilities required for
ensuring Quality and Quantity.
iii) Calibration Certificate of all offered Tankages.
iv) Copy of Explosive Licence
v) Layout drawing of the premises (drawing No. ______)
vi) DM's NOC, if applicable.
vii) PAN copy
viii) Copy of Pollution Control Board Clearance - if applicable
ix) Copy of PF Registration
x) Copy of Service Tax Registration
xi) Copy of Income Tax Return filed for the previous three financial years.
xii) List containing names of Directors
xiii) Bank Account details including NEFT details.
xiv) ISO Certificate (9000/14000/18000) if applicable.
xv) ISO Certificate/ Certificate from DG Shipping for Bunker supplies.
Any other document that HPCL might call for at time of processing the bid.
6. Services should be made available 24 X 7 days. Rates to be quoted should be on "all inclusive
basis" which includes working charges, Handling fees, STOCK Losses, TT decanting, Tank cleaning
fees before taking HPCL Product, Pigging, Water charges, Electricity charges, municipal taxes,
documentation, manpower etc. The Operator to load/unload a minimum 800 KL/MT on Normal
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 19 of 55
working Days (Monday - Saturday)/Hours (0800-1800 hrs) as per Demand. Unloading of Tankers for
receipt shall be effected at no extra Cost round the clock subject to Rules and Regulations of the
Cochin Port Trust.
Rates for working on Sundays/gazetted holidays and extra hours (other than 0800-1800 hrs) to be
quoted separately under the head "OVERTIME CHARGES" per hour all inclusive for the operation.
The above Rates do not include Clearing and Forwarding charges, Port Charges, Wharfage,
Custom Duties, Octroi etc. and the same will be paid by HPCL/ reimbursed to the Operator on
Production of original receipt for the same.
7. Handling / Operational Losses:
i) The Operator will be responsible for the quantity and quality of the Product received and stored in
the tank as certified by HPCL jointly with the representative of the Operator. No claim shall be
entertained on account of losses while operating/handling of product. Any claim shall be made good
by Operator to HPCL, if there are any losses.
ii) The Operator should have Testing facility at their premises for testing Density, Viscoscity and
Water content in the Product. HPCL may impart Training to the Operator personnel to carry out the
mentioned Tests. Necessary sampling equipments shall be provided by the Operator.
iii) The Storage and Handling Loss shall be calculated at the end of each month during which this
Agreement is in force, based on reconciliation of receipts and despatches of the Product. The receipts
are based on Quantity received as per Joint certification and despatches are based on the quantity
indicated in the delivery Challan or BDN of the Vessel (in case of delivery thru Barge or directly to
the Vessel). Payments to be made after 15 days of submission of bills duly signed. The Unit of
measurement for all accounting purpose will be in KL @15 degree and for payment of Bills will be in
KL @ ambient temperature for HFHSD and Metric Ton for FO 380/180 cst.
iv) Cumulative reconciliation will be carried out at the end of the contract period by HPCL
representative.In case of any cumulative loss, the same will be borne by the Operator at the Selling
Price applicable at that time. In case of any cumulative stock gain, if any, no credit will be given to the
Operator.
8. INSURANCE : It would be the responsibility of the Tank Operator to insure HPCL‟s stock
held in their possession / custody/ Premises, and to get all HPCL stock insured at their cost
with any nationalised / Private - insurance company. The insurance premium shall be
reimbursed by HPCL to them on submission of insurance policy copy and premium receipt at
HPCL Cochin Terminal, Disbursement Section.
Sum Insured: The value of insured goods (Sum insured) shall be taken from Cochin Terminal.
The items insured shall specifically read as “HPCL product” in the insurance policy /
certificate.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 20 of 55
Insurable Interest: The insured name should read as Hindustan Petroleum Corporation Ltd.
A/C “_Name of Tank Operator”.
Type of Coverage: Standard fire and allied risk policy covering Fire, Burglary, pilferage, Riots,
Strike, malicious damage (RSMD), civil commotion and All acts of Gods like but not limited
to, earth quake, cyclone, flood etc.
The insurance policy should include as under-
Though the discharge by the “name of Tank Operator ” would be sufficient, the claim amount
will be payable to HPCL only.
The copy of the Insurance Certificate shall be submitted at HPCL Cochin Terminal within 1
week of date of Purchase Order. The insurance coverage shall be renewed from time to time so
as to be valid through out the period of purchase order / till such time stock is held by them
which ever is later. The contract shall be commenced only after insurance coverage is
obtained.
9. Quantity and Quality survey to be carried out by HPCL at its own discretion. Services of an
independent Surveyor will be engaged for Bunker Sales, Receipt and charges for the same shall be
borne by HPCL
Sampling : Operator shall take samples of all incoming product received from HPCL and shall
maintain the same for a 90 (ninety) days period. If the product on Board fails to meet the agreed
specifications, HPCL & Operator shall mutually discuss & finalise the steps to be taken for further
handling of the product.
10. Each delivery of Fuels (FO 380/180 CST/HF-HSD) shall be carried out subject to and in full
accordance with such regulations and procedures (including revisions and amendments thereof) as may
be prescribed by the port authority and Indian law. Subject to compliance with the above regulations
and procedures, bunker deliveries shall be made to the vessel(s) which shall be bunkered as promptly
as circumstances permit. Deliveries shall be made either direct to vessels from shore installations or by
barge provided or caused to be provided by the Seller on a DES (Ex-ship) basis, unless otherwise
specifically required by and specifically permitted or as may be required by port regulations or
authorities. Each delivery of Marine fuels from Hired Storage Tank shall be deemed to be complete
and title as well as risk of loss to the product shall pass to the Barge Operator when the marine fuel
product hereunder passes the permanent flange connection of the receiving vessel / barge.
11. POINT OF DELIVERY OR RE-DELIVERY
I) The Product shall be deemed to have been received by the Tank Operator at the Terminal and the
risk of loss to the product shall pass to Tank Operator:
a) when the Product is received from a vessel, immediately upon the Product having passed the
connecting flange of the pipeline of the Terminal connected to the manifold of the vessel.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 21 of 55
b) when the Product is received by Tank Trucks, immediately upon the Product having passed
the connecting flange of the pipeline of the Terminal connected to the main flange of the Tank
Truck.
II) The Product shall be deemed to have been re-delivered and the Tank Operator shall be free from
the risk of loss to the product when :
a) for each delivery of marine fuels by pipeline, delivered to a Vessel/Barge passes the
permanent flange connection of the receiving Vessel/ Barge.
12. Operator to maintain the facilities and the terminal in good order and working condition at all
times. Operator shall ensure all requirements of Safety, Health and Environment for the facility as per
the Rules and Regulations of the Factory Act/ MARPOL Regulations.
.
13. LIABILITY : In the event of occurrence of any untoward incident such as spillage, fire etc. , at the
Tank Operator Terminal premises or at the connected Berth due to negligence on part of the Operator
or otherwise, HPCL is to be duly indemnified against all charges and consequences . An Agreement to
this effect has to be signed between the Operator and HPCL as per enclosed HPCL‟s Format.
14. The Rates quoted will be Firm for the entire Contract Period and no Variation will be allowed
under any circumstances.
15. Operator shall maintain close co-ordination with HPCL controlling office i.e. Cochin DSRO for
day to day operations. Bills to be certified by Cochin Terminal .Payment authority will be HPCL
Cochin DSRO.
16. The Intimation / Notice Period for Normal working days is as under:
i) For Receipt of Product through Trucks from Cochin Terminal/HPCL Source
- 6 hours
ii) For Receipt of Product from HPCL Chartered Vessel - 24 hours
iii) For Bunkering Directly to Vessel through Pipeline - 12 hours
The Operator to provide the required Loading and Unloading operations within the mentioned
Notice Period else a Penalty will be levied amounting to the Retention/ Demurrage Charges of the
Barge/ Vessels waiting for loading/unloading of the Product. These Retention/Demurrage Charges
will be in actuals as charged by the Barge /Vessel Operators or the Transporters as per the agreed
Terms and Conditions between HPCL and the Barge Operators/ Transporters.
17. Termination clause : HPCL reserves the right to terminate the contract with 3 month‟s advance
notice to the Operator.
18. The Operator shall furnish a Bank Guarantee of Rs. 50 lacs ( Rupees Fifty Lacs) in favour of
HPCL from a Nationalised Bank valid for 5 years PLUS THREE MONTHS from the Date of
Product Receipt. This BG has to be submitted within 15 days of Signing of the „Terminalling
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 22 of 55
Services Agreement‟. This BG shall be invoked by HPCL for any default committed by the
Operator during the Contract Period. Format of this BG is as per ATTACHMENT – X of this
tender document.
The Operator will have to enter into an Agreement with HPCL and the tenderer needs to agree to the
terms and conditions as elaborated in the attached draft agreement. The Agreement will come into
force only on completion of all statutory formalities and product receipt into the tanks. The format of
the Agreement as per ATTACHMENT – IX of this tender document.
19. All items not covered above will be governed by HPCL General Terms and Conditions.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 23 of 55
ATTACHMENT – V
UNPRICED BID
Tender No. : 13000113-HD-14001
Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and
Terminalling Services for Bunkering at Cochin Port
“PLEASE DO NOT QUOTE ANY RATES HERE. FILL ONLY
TANK DETAILS AND SERVICE TAX IN %AGE”
(A)
Product Tank No.of
the offered
Tanks
Individual Tank Safe Filling Capacities in KL OR
MT with their Pumping rates
FO380cst / FO
180cst : Tank
capacity each in
the range of
3000 MT to 4000
MT
HFHSD : Tank
capacity each in
the range of
1000 MT to 2000
MT
MINIMUM 4 TO 5 TANKS FOR FO 180cst & FO 380cst, PUT TOGETHER &
MINIMUM 2 TANKS FOR HFHSD, WITH SAFE CAPACITY AS ABOVE, TO BE
OFFERED
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 24 of 55
(B)
Description Quantity Hiring charges for
Tankage in Rs. Per
KL OR MT of
„Thruput‟ *
*Thruput = Opening Stock in
the Tank on the first day of the
calendar month in KL OR MT
+ Receipt in the Tank during
the calendar month in KL OR
MT
FO 380cst Storage
9,00,000 MT
FO 180cst Storage
2,50,000 MT
HFHSD Storage
2,50,000 KL
(C)
Description Quantity UNIT Rate in Rs. Amount in
Rs.
PUMPING CHARGES TO BUNKERS
FOR FO 380cst (Minimum Pumping
rate of 150 MT/Hr)
4,50,000 MT
PUMPING CHARGES TO BUNKERS
FOR FO 180 cst (Minimum Pumping
rate of 150 MT/Hr)
1,25,000 MT
PUMPING CHARGES FOR HFHSD
TO BUNKERS (Minimum Pumping
rate of 150 KL/Hr)
1,25,000 KL
OVERTIME CHARGES
4000 EH (Extra
Hour)
D) SERVICE TAX IN % = ____________
Purchase orders will be finalized on one overall lowest party for 100% Contract Value considering
Net delivered rate for HPCL i.e. basis the tender quantity, Rates quoted above against (B), (C) & (D),
net of input service tax credits.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 25 of 55
ANNEXURE VI
DECLARATION - 1 Tender No. : 13000113-HD-14001 Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and Terminalling Services for Bunkering at Cochin Port
Declaration regarding providing correct information and undertaking in case it is found incorrect or false
(The following should be typed on the letter head of the tenderer and should duly signed with rubber stamp)
We hereby declare that the entire information furnished/ given to you in our bid and attachments are true to the best of our knowledge and belief and nothing therein is false.
We further undertake, that if it is found during the tender stage (before accepting our bid/ placement of Purchase Order by HPCL) that any information or document furnished/ submitted by us is false or incorrect, then we agree that HPCL shall be free to reject our tender/ bid. If the same is found to be false or incorrect during any stage after accepting of our bid/ placement of Purchase Order, then HPCL shall have the right to summarily cancel our tender and procure the balance quantity from any alternate source. HPCL shall have the right to recover the differential amount between the rates of our contract and the rates at which HPCL is compelled to procure from the alternate source, if the latter rate is higher. To this effect, the recovery can be made by HPCL by encashing any bank guarantee that we may have submitted or from any pending bills under this contract or any other contract with HPCL.
Date: ______________ Place: ______________
Name:
Designation:
Seal:
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 26 of 55
DECLARATION 2
Tender No. : 13000113-HD-14001 Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and Terminalling Services for Bunkering at Cochin Port
(The following should be typed on the letter head of the tenderer and should duly signed with rubber stamp) I/We _________________________ hereby declare/clarify that we have not been banned or delisted by any Government or quasi Government Agencies or Public Sector Undertakings Stamp & Signature of the bidder Note: If a bidder has been banned by any Government or Quasi Government Agencies or PSUs, this fact must be clearly stated with details. If this declaration is not given along with the UNPRICED Bid, the tender will be rejected as non-responsive. Stamp & Signature of the bidder ------------------------------------------------------------------------------------------------------------
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 27 of 55
DECLARATION 3
Tender No. : 13000113-HD-14001 Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and Terminalling Services for Bunkering at Cochin Port
(The following should be typed on the letter head of the tenderer and should duly signed with rubber stamp) We ______________________________ hereby confirm the quantity offered by us against this tender as declared by us in the UNPRICED Bid. We also confirm that we have sufficient capacity to produce and supply the quantity offered by us as stipulated in the UNPRICED Bid both on total quantity basis and monthly quantity basis indicated. The quantity indicated by us in the UNPRICED Bid is independent of our existing business and other business for which we have offered. Signature & Seal of the Tenderer --------------------------------------------------------------------------------------------------------
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 28 of 55
DECLARATION 4
Tender No. : 13000113-HD-14001 Subject : Hiring of Storage Tanks for FO (380/180cst) and HFHSD and Terminalling Services for Bunkering at Cochin Port (The following should be typed on the letter head of the tenderer and should duly signed with rubber stamp)
The Tenderer is required to state whether he/ she is a relative of any Director of the HPC or the tenderer is a firm in which Director of HPC or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which Director of HPC is member or Director, (the list of relative(s) for this purpose is given below) N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of the HPC/ Central/ State Government, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the HPC/ Central/ State Government. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________
LIST OF RELATIVES
A person shall be deemed to be a relative of another, if any and only if,
i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or
iii) The one is related to the other in the manner indicated below. 1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son’s Wife
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 29 of 55
5. Daughter (including Step Daughter) 6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son 11. Son’s Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife 21. Sister (including Step Sister) 22. Sister’s Husband
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 30 of 55
Annexure VII
DEVIATION SHEET
Tenderers are advised in their own interest to quote strictly as per Terms and Conditions of the Tender and not to add any conditions of their own or to modify the terms and conditions stipulated in the Tender.
In case of any deviations to the Tender Terms & Conditions, the same should be
mention in this format.
HPCL reserve the right to accept or decline any proposed deviation.
Tender Annexure no., clause no., page no.
Tender Terms Deviation Sought
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 31 of 55
ATTACHMENT - VIII
(SPECIMEN)
BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT
(On Non-Judicial stamp paper of Rs. 100/- )
TO : Hindustan Petroleum Corporation Limited
(Address as applicable)
IN CONSIDERATION OF M/s. HINDUSTAN PETROLEUM CORPORATION LIMITED a
Government of India Company registered under the Companies Act, 1956, having its registered office
at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall
include its successor in business and assigns) issued a tender on M/s. ____________________a
partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having
its office at (hereinafter called "the Tenderer" which expression shall include its executors,
administrators and assigns) against Tender No. _______________________ dated ________
(hereinafter called "the tender" which expression shall include any amendments / alterations to "the
tender" issued by "the Corp- oration") for the supply of goods to/execution of services for "the
Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest
Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank
Guarantee for an amount of Rs. _________ (Rupees ___________ only).
We, ____________________ Bank having office at ________________(hereinafter referred to as
"the Bank" which expression shall include its successors and assigns) at the request and on behalf of
"the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount
not exceeding Rs. _________ (Rupees _____________________ only) against any loss or damage,
costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance
and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of
the said "tender".
We, _________________________ Bank further agree that "the Corporation" shall be sole Judge
whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or
committed breach of any of the terms and conditions of "the order" and the extent of loss, damage,
cost, charges and expenses suffered or incurred or would be suffered or incurred by "the
Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and
defences to which we as guarantors and/or "the Tenderer" may be entitled to.
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 32 of 55
We, .__________________ Bank further agree that the amount demanded by "the Corporation" as
such shall be final and binding on "the Bank" as to the Bank's liability to pay and the amount
demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first
demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or
other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating
thereto, our liability under this guarantee being absolute and unconditional.
We, _____________________ Bank further agree with "the Corporation" that "the Corporation" shall
have the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said "tender" or to extend time of
performance by “The Tenderer” from time to time or postpone for any time to time any of the
powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the
terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason
of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or
omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or
by any such matter or things whatsoever which under the law relating to sureties would but for this
provision have the effect of relieving us.
Notwithstanding anything hereinbefore contained, our liability under this Guarantee is restricted to
Rs. ________ (Rupees ____________________only). Our liability under this guarantee shall remain
in force until expiration of six months from the due date of opening of the said "tender". Unless a
demand or claim under this guarantee is made on us in writing within said period, that is, on or before
_____________ all rights of "the Corporation" under the said guarantee shall be forfeited and we
shall be relieved and discharged from all liabilities thereunder.
We, ______________________ Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in Writing.
We, ______________________ Bank lastly agree that "the Bank" 's liability under this guarantee
shall not be affected by any change in the constitution of "the Tenderer". 8. "The Bank" has power to
issue this guarantee in favour of "the Corporation" in terms of the documents and/or the
Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard.
IN WITNESS WHEREOF the Bank has executed this document on
this _________________ day of ____________
For __________________ Bank
(by its constituted attorney)
(Signature of a person authorized to sign on behalf of "the Bank")
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
Seal & Signature of Tenderer Page 33 of 55
ATTACHMENT - IX
(DRAFT COPY)
TERMINALLING SERVICES AGREEMENT
THIS TERMINALLING SERVICES AGREEMENT (hereinafter referred to as the “AGREEMENT”)
is made at Cochin this _____ day of ________ 2013, BETWEEN
_____________________________________ „Operator‟ an Indian company incorporated under the
Companies Act, 1956, and having its registered office at Cochin, Willingdon Island, Fort Cochin
(hereinafter referred to as “Operator” which expression shall mean and include its successors and
permitted assigns);
And
HINDUSTAN PETROLEUM CORPORATION LIMITED, an Indian company incorporated under the
Companies Act, 1956, and having its registered office at Petroleum House, 17, Jamshedji Tata Road,
Mumbai -40020 and Marketing Headquarters at Hindustan Bhawan at 8, Shoorji Vallabhdas Marg,
Ballard Estate, Mumbai-400 001, and a Direct Sales Regional Office at Karshaka Road, P.B.No.24/25,
Ernakulam South, Cochin, Kerala (hereinafter referred to as “Principal” which expression shall mean
and include its successors and permitted assigns).
Operator and Principal are collectively referred to as “PARTIES” or singularly referred to as
“PARTY” as the context requires.
WHEREAS “Operator” is having storage tanks of varying capacities at their terminal at Willingdon
Island, Fort Cochin, Cochin Port and has facilities including tanker receipt pipelines, storage tanks and
Receipt through Pipelines, Pumping to Barges/Vessels, tank truck unloading facilities etc., more fully
described in Schedule-I here to for handling and loading of Furnace Oil and _ HFHSD as per the
requirements of HPCL and also has weigh bridge in its compound for delivery of the product for
HPCL.
AND WHEREAS “Operator”, has well experienced technical personnel and skilled work force at
their Terminal for rendering normal services and “Operator” confirms that it has all statutory
permissions/licenses for receiving, storing and pumping/loading of Furnace Oil and HFHSD and that
the storage tanks are calibrated by statutory authorities and that “Operator” holds valid license under
the Explosives Regulations.
NOW it is hereby agreed by and between the Parties hereto as follows :-
1. ENGAGEMENT
Principal hereby engages the services of “Operator” and “Operator” agrees to provide facilities and
terminalling services at the Terminal for handling of the products of the HPCL subject to and on the
terms and conditions contained in this Agreement. The detailed description of the Terminal is given in
Exhibit “A”.
2. TERMINALLING SERVICES
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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1.STORAGE TANK: “Operator” shall provide required 3000-4000 MT tank for Furnace Oil
180/380cst and 1000-2000 MT For HFHSD dedicated for handling the Principal‟s Furnace
Oil/HFHSD with all other related facilities. “Operator” shall also provide associated pipelines and
other such equipment and facilities necessary to receive, store, redeliver Product based on the said
requirements. The tank capacity and other facilities provided or to be provided from time to time, as
referred to above shall hereinafter be referred to as the “Facility”. During the period of the Agreement,
“Operator” shall not use the allocated storage tank to any other person or party.
2.Broad Description of the Facility.
“Operator” shall ensure that the Facility shall have pipelines form the Jetty, storage tank capacity,
piping, pumps and other such associated equipment, with computerized systems, fire protection, etc. as
provided in Exhibit A.
“Operator” shall ensure that the Product is handled and the services are provided with reasonable care
and skill in accordance with good oil industry practice in India. Receive the Product from vessel which
shall be chartered/arranged to berth at the Jetty by the Principal . Load barges placed by HPCL as per
schedule specified by the Principal from time to time. Provide the Principal with summary of
Principal‟s product activity including physical inventory on a daily basis.
3. DURATION
Above terminaling services will be utilized by the Principal for a period of 5 years from date of LOI /
PO or till exhaustion of PO quantities, whichever is earlier.
4. DATE OF COMMENCEMENT OF AGREEMENT:
The Agreement shall come into force from the date of receipt of first parcel of Furnace Oil (180 cst /
380cst) or HFHSD. Payment against the contract , for each grade of product will commence
individually and only from the date of receipt of the first Parcel of the respective grade of
product from HPCL .
5. TERMINALLING CHARGES & PAYMENT TERMS: Purchase Order will be placed on the
successful bidder detailing the Terminalling charges and Payment terms, on finalization of the
tender, which will form a part of this agreement.
a) HFHSD/FO STORAGE FOR FIVE YEARS :
Payment will be made on per KL OR MT of thruput basis on the “THRUPUT „ during a
calendar month.
Thruput is defined as under;
Opening stock (as per dip) IN KL OR MT as of opening day of the month plus receipt IN KL
OR MT during the calendar month.
The above charges are on “All Inclusive Basis” which includes Working Charges/ Handling
Fees/ Stock Losses/ Tank Truck Filling/ Decantation/ Pigging/ Water Charges/ Electricity/
Documentation Charges/ Manpower cost/ Municipal Taxes etc. Minimum 800 KL/MT would be
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Loaded/Unloaded on normal working days (Monday – Saturday/Hours (0800- 1800 hrs) as per demand.
However this is not to be deemed as a volume commitment by HPCL.
b) HFHSD/FO PUMPING CHARGES:
Payment for pumping of the product to the vessel/barge for bunkering operation/other sales
will be made separately per KL OR MT per month for actual delivery made during the calendar
month.
c) OVERTIME CHARGES:
Overtime charges will be given for extra hours beyond normal working hours (0800 hrs – 1800
hrs) on working days (Mon-Sat.) and on Sundays/Gazetted holidays on per hour basis.
d) TANK CLEANING FEES:
Tank cleaning fees will be payable by HPCL on one time basis at the end of the contract.
Contract Rates shall be firm for the total contract period of 60 months.
e) This Agreement is for a hired capacity of 3000- 4000 MT tank for FO and 1000-2000MT tank
for HFHSD.
f) The charges include the use of other equipments required for handling of product such as
tanker discharge hoses, breather valves, pumps, manifold, booster pumps and internal pipeline.
These charges also include for facilities viz. unloading of tank lorries and weighment, sealing
of tank trucks or any other activity/equipment etc.
g) The above storage/handling charges do not include Clearing and Forwarding Agent‟ charges,
wharfage, custom duty, sales tax and octroi etc. which will be paid by HPCL at actual.
h) “Operator” shall raise bill towards the storage/handling charges, on monthly basis, which shall
be paid within 15 DAYS days from the date of receipt of the bill duly certified by the
Principal‟s Manager, Cochin Terminal or by Manager Marketing of the Principal , Cochin
Direct Sales Regional Office.
i) Principal , is the sole owner of the product stored in the hired tankage and “Operator” has no
rights whatsoever to claim ownership or any other right on the product.
j) TDS DEDUCTION:
Principal shall deduct TDS from the bills under Sec.194-c at the existing rate prescribed by the
Govt. Of India.
6. SURVEYOR AND HIS RESPONSIBILITIES:
Principal will appoint independent, required and qualified Surveyors at their cost for the
supervision of quality and quantity of the products at the time of receipt. “Operator” shall
receive the products only after due certification by the Surveyors with regards to the cleanliness
and fitness of the tanks and pipelines in all respects. For transfer from HPCL Cochin Terminal
to the Tank Operator, joint survey by the Operator's Surveyor and Cochin Terminal's Operation
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Officer to be considered. Supplies from Hired Tank to Vessel will be jointly surveyed by
HPCL surveyor and the Tank Operator.
7. A.CLEARING AND FORWARDING AGENT:
Principal shall appoint their Clearing and Forwarding Agent (CFA) to complete all the
necessary formalities regarding clearance of the goods from customs, port, octroi and all other
concerned authorities. “Operator” shall receive and store the cargo in the tank only after
completion of such formalities required for clearance of goods.
B. TRANSPORTATION (LOCAL/OUTSTATION):
The gauges will be jointly witnessed by HPCL representative/Surveyor/Operator for all
practical purposes for ascertaining quantity received and dispatched. Quantity will be basis
supplier‟s delivery barge soundings before and after loading customer nominated vessels.
Quality will be basis the retained samples drawn at the barge manifold through a drip sampler
and tank samples drawn from Operator‟s tank and sent to Laboratory for testing for meeting
product specifications. Quantity will be determined via custody transfer meters (if available) or
shore tank measurements/soundings gauged immediately before and after delivery.
Principal shall appoint their transporters for local and/or outstation transportation of the
product from/to terminal . as a statutory requirement, all tank lorries sent by HPCL for
Loading/Unloading of the product must have a valid license/certificate issued by Controller of
Explosives and Weights & Measures. “Operator” shall ensure that all tank lorries carry the
valid Explosive/Weights & Measures Certificate before unloading the tank trucks. For all
practical purposes the product once it reaches the operator‟s tank, the operator shall be
responsible for all product losses if any.
8. DEMMURAGE AND DETENTION:
“Operator” shall not be responsible for any demurrage, if incurred, on Principal‟s
vessels/motor tankers due to delay in berthing and/or waiting period occurred on anchoring.
However, demurrage, if any, on vessels/tankers due to proven negligence/failure of “Operator”
shall be borne by “Operator” and the same shall be made good to the Principal . In case
Principal is unable to discharge the product due to reasons attributable to “Operator” (either
intentional or unintentional other than those covered under Force Majeure Clause) Principal is
not liable to pay the hire charges for the tank for the same period.
9. LIEN AND RETENTION:
It is agreed that the Principal shall have a right of lien and retention over the Products in
“Operator” tankages to the extent of any unpaid dues payable from time to time.
10. DELIVERIES OF CARGO:
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The delivery of the product from the Terminal shall be made against written delivery
orders/BDN/Shipping Bill or generated through the Principal‟s ERP system issued by
Authorised Signatory of the Principal .
10 a. Receipt of cargo from Vessel :
Product - cargo would be received from HPCL TC Vessel .
Quality - Quantity verification thru HPCL boarding officer / surveyor and the tank farm
representative .
--sampling of compartments of the vessel unloading the cargo . Testing of product at HPCL /
3rd paty lab against relevant specifications .
--quantity verifcations - basis storage tanks soundings before and after pumping .
11. For all the material delivered from the Terminal, the deliveries of cargo shall be made on
weighment basis and/or on volume basis based on the Principal‟s advice.
12. INVOICING:
“Operator”. shall carry out invoicing and related documentation as per HPCL‟s requirements.
For this purpose, Princi;al shall provide “Operator” with requisite pre-printed stationery,
software, etc. “Operator” shall provide computer/printer/broad band connectivity and other
accessories for the above job.
13. HANDLING OPERATIONAL LOSSES:
a. No claim shall be entertained on account of losses while operating/handling of product.
b. The stock variation shall be ascertained by the Principal‟s Kochi Terminal authorized
Principal‟s representative on a monthly basis and the loss, if any, shall be debited to
“Operator” at selling price, including applicable taxes and levies as applicable for the
respective period. Stock Loss/Gain will be calculated and recorded every month.
Cumulative reconciliation will be carried out at the end of the contract period. Any
cumulative loss will be borne by “Operator” and deducted from his final bill. In case of
cumulative stock gain, if any, no credit will be given to “Operator”.
14. DELIVERY/TITLE AND RISK OF LOSS:
Each delivery of Fuels (FO 380/180 CST/ HF-HSD) shall be carried out subject to and in full
accordance with such regulations and procedures (including revisions and amendments thereof) as may
be prescribed by the port authority and Indian law. Subject to compliance with the above regulations
and procedures, bunker deliveries shall be made to the vessel(s) which shall be bunkered as promptly
as circumstances permit. Deliveries shall be made either direct to vessels from shore installations or by
barge provided or caused to be provided by the on a DES (Ex-ship) basis, unless otherwise specifically
required by and specifically permitted or as may be required by port regulations or authorities.
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I) The Product shall be deemed to have been received by the Tank Operator at the Terminal and the
risk of loss to the product shall pass to Tank Operator:
a) when the Product is received from a vessel, immediately upon the Product having passed the
connecting flange of the pipeline of the Terminal connected to the manifold of the vessel.
b) when the Product is received by Tank Trucks, immediately upon the Product having passed
the connecting flange of the pipeline of the Terminal connected to the main flange of the Tank
Truck.
II) The Product shall be deemed to have been re-delivered and the Tank Operator shall be free from
the risk of loss to the product when :
a) for each delivery of FO 380/180 cst/HFHSD by pipeline, delivered to a Vessel/Barge
passes the permanent flange connection of the receiving Vessel/ Barge.
14.1 “Operator” is responsible for the quantity and quality of the Principal‟s cargo received
and stored in the tank as certified by the authorized representative of the Principal
/Surveyor jointly with “Operator‟s” authorised representative. At the end of each
Coastal Tanker receipt, “Operator” shall ensure that the discharge pipeline is
completely emptied and product accounted. “Operator” to provide dedicated pipeline
for discharge upto the Storage Tank for FO and for HFHSD) and the line to any other
tanks should be blinded and sealed and this pipeline is to be utilized only for the
purpose of FO and HFHSD discharge. Any deviation from the above should be with
prior concurrence of the Principal in writing.
14.2 “Operator” shall maintain the quality of the product received to their storage tank as
per test reports submitted to them after receipt of each parcel. After receipt of product
into the “Operator” storage tank, three composite samples will be jointly drawn from
the “Operator “ storage tank and 1 No. sample will be tested at the Principal‟s
Laboratory in the presence of Operator‟s personnel/Representative and the other two
samples will be sealed and jointly signed and will be retained by Principal and
“Operator”. “Operator” will be responsible for the quality of the material as per their
storage tank samples test report. Deliveries will commence after confirming
availability of Third party Test Report of TMB sample of the Tank meeting relevant
specifications.
SOP as directed by Principals to be adhered to strictly and all documentations to be
carried out as per SOP.
14.3 The operator should have testing facility at the premise for testing density, viscosity
and water content in FO. Principal may impart requisite training to “Operator”
personnel in carrying out the above mentioned tests.
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14.4 The operator should keep daily register for recording of opening dip, quantity, closing
dip, quantity and variation if any along with density and water content.
14.5 The operator shall fill the tank truck as per the calibrated quantity only.
15. Piggers/Flushing of Pipelines:
The allotted tank shall be kept clean and tidy by “Operator” to store Principal‟s products
safely. In case it is required by the Principal , “Operator” shall do the pigging of the pipelines
without any charges to the Principal .
16. INSURANCE:
Product insurance shall be insured by the Operator and premium shall be reimbursed by
company. HOWEVER THE TERMINALLING FACILITIES MUST BE INSURED BY THE
OPERATOR.
17. Statement of Receipts/Dispatches:
“Operator” shall maintain exclusive records, registers, data for the Principal‟s products stored
in the tank and keep it updated on daily basis. These records hall be made available for
inspection by the authorized representative of the Principal on demand during currency of the
agreement including the following.
a) Statement of receipt of stock covering details of challan No. and date, tanker name, date of
receipt, quantity dispatched and received by, difference, if any, arising out of it.
b) Statement of dispatches (Sale/Stock transfer) covering details as mentioned above.
c) Statement covering opening stock, receipts, dispatches and closing stocks etc. duly certified
by HPCL‟S officer/authorized representative “Operator” shall assist for periodical
reconciliation of stock in the tank.
d) “Operator” shall have no objection in the Principal‟s authorized representatives visiting the
terminal periodically for inspections.
18. Working Hours:
Deliveries of products by tank lorries/vessels shall be effected only during 08.00 hrs. to 18.00
hrs. on all working days except public Holidays. However, in case of any urgency, based on
Principal‟s request, deliveries may be made as a special case beyond the normal working hours
without any additional charges. Minimum 800/KL/MT would be loaded per day based on
demand.
Unloading of Ocean tankers shall be effected round the clock at no extra cost, but subject to
rules and regulations of Cochin Port Trust.
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19. TERMINATION:
HPCL reserves the right to terminate this Agreement by giving THREE month‟s notice in
writing to the Tank Operator without assigning any reason during the period of this Agreement and the
same will be binding on the Tank Operator. However, if either party commits a breach of any of the
terms of this Agreement, and the said breach is not rectified within 15 days, despite a written notice
received by the party committing the breach, the aggrieved Party may terminate the Agreement by
giving one month‟s notice.
20. OTHER ARRANGEMENTS :
Any other item of terms and conditions concerned to the parties here to on account of usage of storage
space but not covered by this Agreement, will be mutually discussed by the parties hereto, in line with
the prevailing normal business practice and the same will be recorded in writing which will form part
of this Agreement.
21. FORCE MAJEURE:
Any delay in or failure of the performance of either part hereto shall not constitute default hereunder or
give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused
by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by
Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes.
The Operator shall keep records of the circumstances referred to above and bring these to the notice of
the PRINCIPAL in writing immediately on such occurrences. The amount of time, if any, lost on any
of these counts shall not be counted for the Contract period. Decision of the PRINCIPAL arrived at
after consultation with the OPERATOR, shall be final and binding. Such a determined period of time
be extended by the owner to enable the OPERATOR to complete the job within such extended period
of time.
If contractor is prevented or delayed from the performing any of its obligations under this Agreement
by force Majeure, then the Operator shall notify PRINCIPL 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.
22. BANK GUARNATEE:
“Operator” shall furnish a Bank Guarantee of Rs.50,00,000/- (Rupees Fifty Lakhs Only) in favour of
Hindustan Petroleum Corporation Limited, from a Nationalised Bank valid for Five years plus three
months from the date of receipt of first consignment of Product. The Bank Guarantee can be invoked
by the Principal for any default committed by “Operator” during the period of its validity.
23. ASSIGNMENT:
No party shall have the right to assign this agreement, in whole or in part, or any rights hereunder
without the prior written consent of the other Party. This written consent shall not be unreasonably
withheld or delayed and any reason for disapproval shall be given in writing, setting out the grounds
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for reaching the decision. This Agreement shall be available for the benefit of and be binding upon its
successors and permitted assigns of the Parties. In the event of any assignment by any Party assigning
Party shall remain permanently liable to the other Parties for all obligations contained in this
Agreement regardless of whether such obligations were part of or covered by the assignment.
24. OIL SPILLAGE:
For any spillage due to malfunction of utilities, leakages at jetty end will be the liability of “Operator”
who will be carrying out the job of dispensing to the vessel on behalf of the Principal , hence
“Operator” will be duty bound to abide by port formalities, rules, regulations and timings of Cochin
Port Trust with respect to MARPOL regulations.
25. LIABILITY:
“Operator” shall carry out the operations with reasonable care.
25.1 Without prejudice “Operator‟s” rights under the other provisions of the Agreement, the Operator
shall not impose on the Principal any liability for Claims arising from:
(a) Force Majeure;
(b) any delay in the delivery of the Product to “Operator”.
(c ) any other cause unless it is first proven by the Principal that such Claim has arisen from the gross
negligence or the willful act of “Operator”.
25.2 Without prejudice to the other provisions of the Agreement, in the event of any Claim against
“Operator”.
(a) the aggregate liability of “Operator” to the Principal or the holder of the delivery order (whether
based on contract, indemnity, warranty, guarantee or tort including negligence and strict or absolute
liability, or arising out of a breach of statutory duty or otherwise, and including liquidated damages in
respect of delays or deficiencies in performance) arising out of or in connection with the operations or
the Agreement shall under all circumstances be limited to a maximum amount equal to the current
value of what has been damaged, lost or destroyed as at the date of damage, loss or destruction, but
limited to a maximum of Rs.40,000 per 1000 KL of the damaged, lost or destroyed goods, and further
more limited to a maximum of Rs.40,000,000 per any one event or sequence of events arising from
one and the same cause:
(b) “Operator” shall not be liable for any loss or profit, consequential loss or any indirect loss or
damage;
(c )”Operator” shall not be liable for any Claim arising before delivery of the Products to “Operator”
or after re-delivery of the Products to the Principal ;
(d) Principal‟s rights against “Operator” under the Agreement stand extinguished if the Principal shall
not have notified “Operator”. thereof within one month after the occurrence of the event giving rise to
the Claim or within one month after the re-delivery of the Products to the Principal, whichever is
earlier and
25.3 If any Claim shall be made against “Operator” by more than one person and “Operator” shall
decide to pay compensation in respect of the Claim, “Operator” shall be entitled to apportion such
compensation among such persons according to the extent of proven loss or damage suffered by each
of them.
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26. WAIVER:
The failure of any Party to insist in any one or more instances upon the performance of any term or
conditions of this Agreement or to exercise any right afforded to such Party herein, shall not be
construed as a waiver or relinquishment of the future performance of any such term or conditions by
the other Parties, or the future exercise of such right, and the respective obligations of the Parties as to
their future performances shall continue in full force and effect.
27. CONFIDENTIALITY:
27.1 All information acquired by any Party as to the business dealings of the others including (but not
by way of limitation) any information relating to any trade secret, method, trade connection, customer,
client or any financial arrangement or circumstance shall be treated as confidential by the recipient. No
such information shall be used for any purpose other than as contemplated by the Agreement without
the consent in writing of the Party who has provided the information , unless such information:
a. Is, or has become, public knowledge other than by breach of this Clause 24; or
b. Is in the possession of the recipient with full right to disclose prior to receiving it from the disclosing
Party; or
c. Is independently received by the recipient from a third party with full right to disclose.
Nothing herein shall restrict a Party from providing the information to its Affiliates or advisors in
connection with and for the purpose of the Agreement, provided that the Party disclosing such
confidential information shall ensure that the recipient of the confidential information shall be equally
bound by the provisions of this clause.
27.2 The provisions of this Clause 24 shall survive the expiry or termination of the Agreement for a
period of one (1) year thereafter.
28. NOTICE:
Any notice or communication required or permitted under this Agreement shall be in writing and
shall be given by registered post, hand delivery, courier service telex or telefax addressed to the
relevant Party at the address set forth below on such other address as may be designated from time to
time Any notice transmitted by fax or other form of recorded communication shall be deemed given
and received on the first business day after its transmission.
In case of “Operator”,to the___________________
______________________________________________________________________. Telephone
No._________________________Fax No. _________________________
In case of HPCL to Sr. Regional Manager-Direct Sales, Cochin DS, Regional Office, P.B. No.24/25,
Karshaka Road, Ernakulam South, Cochin- __________ Telephone No. _____________________
Fax No. ________________
29. ARBITRATION:
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29.1 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.
29.2 The appointing authority shall either himself act as the Sole Arbitrator or nominate some
officer/retired officer of Hindustan Petroleum Corporation Limited, or any other Government
Company in the Oil sector of the rank 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 Operator 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 view on all or any of the matters in dispute or difference.
29.3 In the event of the Arbitrator to whom the matter is referred to is unable to complete the
arbitration for whatsoever reason or 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.
29.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the
arbitrator 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.
29.5 The Award of the Sole Arbitrator shall be final and binding on the Parties to the Agreement
subject to 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 Arbitrator proceedings under
this Clause. The Award shall give reasons for the same.
29.6 The work under the Contract shall, however, continue during the Arbitrator 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 arbitration proceedings.
29.7 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.
29.8 The Contract shall be governed by and constructed according to the laws in force in the state in
India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all
purposes. The Arbitration shall be held at Mumbai and conducted in English language. Sole
Arbitrator‟s fee and other expenses shall be borne by the Parties In equal proportion.
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29.9 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation
Limited.
SCHEDULE-I
DETAILS OF TANKAGES & FACILITIES OF „OPERATOR‟ AT COCHIN PORT TRUST
1) STORAGE TANK
2) TANKER RECEIPT PIPELINES FROM JETTY TO STORAGE TANK IN THE
TERMINAL-DEDICATED PIPE LINES FOR HFHSD/FO.
3) TANK TRUCK UNLOADING GANTRY.
4) WEIGH BRIDGE DULY CALIBRATED BY WEIGHTS & MEASURES DEPARTMENT.
5) COASTAL TANKER HOSES.
6) COMPUTER AND PRINTER AND RELATED ACCESSORIES WITH BROAD BAND
CONNECTIVITY.
7) QC EQUIPMENT AS REQUIRED
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals
the day and year first hereinabove written.
SIGNED AND DELIVERED FOR & ON BEHALF OF
THE WITHINNAMED
Hindustan Petroleum Corporation Limited
In the presence of
1.
2.
SIGNED AND DELIVERED by the within .
Named ____________________________
in the presence of
1)
2)
HINDUSTAN PETROLEUM CORP. LTD. Tender no: 13000113-HD-14001
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ATTACHMENT - X
( SPECIMEN COPY)
(On Non-Judicial Stamp paper of Rs 100/-)
BANK GUARNATEE
To,
Hindustan Petroleum Crporation Ltd.,
Hindustan Bhawan,
Direct Sales SBU,
8 Shoorji Vallabhdas Marg,
Ballard Estate, Fort,
Mumbai – 400 001.
In CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a
Government of India Company registered under the Companies Act 1956, having
its Registered office at 17, Jamshedji Tata Road, Churchgate, Mumbai - 400 020
and its Direct Sales SBU at Hindustan Bhawan, 8 Shoorji Vallabhdas Marg, Ballard
Estate, Fort, Mumbai - 400001 (hereinafter called "the Corporation" which
expression shall include its successors and assigns) making supplies of and giving
“product” viz. FO, HFHSD and such other product/material to M/s.
___________________________ a ____________ (firm/ proprietorship/ company)
registered under the __________________________ Act and having its registered
office at ______________________________ _______________________ (hereinafter
referred to as “the Operator”, which expression shall, unless excluded by or
repugnant to the subject or context, be deemed to include its executors,
administrators and successors) for the purpose of Storage of “product” viz. FO,
HFHSD and providing Terminalling Services in terms of the Agreement dated
________________ entered into between them as may be renewed, altered,
substituted or continued from time to time, and upon the condition of “Operator”
furnishing security by way of an unconditional and irrevocable Bank Guarantee for
a sum of Rs. _________/- (Rupees _______________________________________________
Only).
At the request of the Operator, We, __________________ Bank, having our registered
office at ________________________________________________________ and a branch
office at _________________________________________________________________
(hereinafter called “the Bank”, which expression shall include its successors,
executors and assigns) hereby jointly and severally, unconditionally and irrevocably
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undertake and guarantee to pay to “the Corporation” in rupees, forthwith on first
demand and without any demur, protest, reservation, contest, recourse
whatsoever and without any enquiry of you or the Operator, the amount so
demanded by the Corporation from the Bank, anywise payable or owing by “the
Operator” to “the Corporation” under, in respect of or in connection with the said
Agreement inclusive of all the Corporation‟s losses, damages 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 an aggregate
limit of Rs. ______________________ (Rupees ________________________________ only) in
full without any deductions, set-offs or counterclaim whatsoever and “the Bank”
hereby agrees with “the Corporation that :
A. We, _______Bank Ltd. further agree that this Guarantee/Undertaking shall
be a continuing Guarantee / Undertaking and shall remain valid, irrevocable and
unconditional, for all claims of “the Corporation” and liabilities of “the Operator”
arising upto and until midnight of __________________.
B. We, ______ Bank Ltd. further agree that 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 Operator‟s”
obligation/liabilities under and/or connection with their Agreement or
understanding for giving product and material and “the Corporation” shall have
full authority to take recourse to or enforce this security in preference to any 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.
C. We, _______________ Bank Ltd., further agree that "the Corporation" shall be
the sole judge as to whether the said "Operator" has committed any breach or is in
default of any of the terms and conditions of their Agreement/ Understanding
and as to the extent of loss, damage, costs, charges and expenses suffered or
incurred or would be suffered or incurred by "the Corporation" on account thereof
and the amount payable under this Guarantee and we absolutely waive in favour
of "the Corporation" all the rights and defences to which we, as guarantors and/or
"the Operator" may be entitled to.
D. We, ____________Bank Ltd. further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to the Bank's
liability to pay the amount demanded and "the Bank" undertakes to pay to "the
Corporation" the entire amount so demanded on first demand and without any
demur and without any reference to “the Operator”, notwithstanding any dispute
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raised by "the Operator" or any other party or any suit or other legal proceedings
including arbitration is pending before any court tribunal or arbitrator relating
thereto or between Bank and the Operator; our liability under this guarantee being
absolute and unconditional. We, “the Bank” further agree that the guarantee
herein contained shall remain in full force and continue to have full effect so long
as the said entire payable amount under this Bank Guarantee remains unadjusted,
it being understood that the Corporation shall have the right to make demands on
the Bank for any part of the amount so Guaranteed from time to time in one or
more drawings, provided however, that the value of this guarantee shall
progressively reduce upon any drawings being made by "the Corporation" against
the said guarantee and "the Corporation" rights shall extend only to the value of
the unadjusted amount of the Guarantee.
E. We, ___________ Bank Ltd. further agree with "the Corporation" that "the
Corporation" shall have the fullest liberty without our consent and without in
any manner affecting our obligations hereunder to vary any of the terms and
conditions of the Agreement/ Understanding between the Corporation and
Operator and/or to extend time of performance from time to time or to postpone
for any time or from time to time any of the powers exercisable by "the
Corporation" against "the Operator" and to forbear to enforce any of the terms
and conditions relating to the Agreement/ Understanding and we shall not be
relieved from our obligations or liability by reason of any such variation or extension
being granted to "the Operator" or for any forbearance, act or omission by “the
Corporation” on "the Operator" or by any such matter or things whatsoever, which
under the law relating to sureties would, but for these provisions, have the effect of
relieving us.
F. We, _____________ Bank Ltd., further agree that this Guarantee/Undertaking
shall not be affected due to variance of any of the terms and conditions of the
agreement/ understanding between Bank and the “Operator”, or of the
agreement / understanding between the Operator and the Corporation or due to
the expiry, renewal under fresh terms, termination or extension of time or either or
both of them.
G. We, ___________________ Bank agree that "the Bank" 's liability under this
guarantee shall not be affected by any change in the constitution of "the
Operator" or its insolvency, winding up, re-organisation, amalgamation or
liquidation (including any appointment of a receiver, administrator, administrative
receiver or supervisor of the Operator or any of its assets) nor in case of any dispute
or disagreement whatsoever under the Agreement. We shall indemnify you
immediately on demand against any cost, loss or liability suffered by you as a result
of our this obligation being or becoming unenforceable, invalid or contrary to the
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laws of India (except in the case of a fraud by you).
H. We, _____________ Bank Ltd. further undertake not to revoke this guarantee
during its currency except with the previous written consent of "the Corporation".
I. We, _____ Bank Ltd. further agree that “the Corporation” shall not be
bound to disclose the nature of breach or default committed by the Operator or
the extent of the loss, damage, costs, etc. caused to it therefrom or even to state
that there has been any loss or damage or breach, but merely to invoke the
Guarantee and seek any amount whatsoever under this Guarantee, subject to a
maximum of the entire Guarantee amount stated in the next paragraph, our
liability under this Guarantee being absolute and unconditional.
J. Notwithstanding anything contained herein before, our liability under this
Bank Guarantee is restricted to Rs. __________________(Rupees
__________________________________________) in aggregate and it will remain in
force till the _____________ day of _____________, year _________. Unless a claim or
demand in writing is made against us under the guarantee within THREE months
from the date of expiry of the bank guarantee, i.e. before the _________day of
__________, year_________ all rights under this guarantee shall be forfeited and we
shall be relieved and discharged from all liability hereunder.
K. We, _________________ Bank have the necessary power and authority to issue
this guarantee in favour of "the Corporation" in terms of the documents and/or the
agreement/contract/ understanding entered into between "the Operator" and
"the Bank" in this regard and the signatory is duly authorized.
IN WITNESS WHEREOF the Bank has executed this document on this _______ day of
______, 2013.
(FOR _________ BANK)
(by its Authorised Signatory)
(signature of a person
authorized to sign on behalf
of "the Bank", with name,
designation and bank
stamp)
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ANNEXURE - XI AGREEMENT No. Dated
To, HINDUSTAN PETROLEUM CORPORATION LIMITED
Sub : Purchase of Bidding Documents
Ref. Tender No. 13000113-HD-14001 HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an offer made on
the condition that the bidder will sign the Integrity Pact and the Bid would be kept open in its original form without variation or modification for a period of (state the
number of days from the last date for the receipt of tenders stated in the NIT) ………. days and the making of the bid shall be regarded as an unconditional and absolute acceptance of this condition of the NIT.
We confirm acceptance and compliance with the Integrity Pact in letter and spirit. We further agree that the contract consisting of the above conditions of NIT as the
offer nd the submission of Bid as the Acceptance shall be separate and distinct from the contract which will come into existence when bid is finally accepted by HPCL.
The consideration for this separate initial contract preceding the main contract is that HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid to be
made except on the condition that the bid shall be kept open for ……… days after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on
this condition and after entering into this separate initial contract with HPCL. HPCL promises to consider the bid on this condition and the Bidder agrees to keep
the bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties.
If Bidder fails to honour the above terms and conditions , HPCLshall have unqualified,
absolute and unfettered right to encash / forfeit the bid security submitted in this behalf. Yours faithfully
(BIDDER) (PURCHASER) (One copy of this agreement duly signed must be returned alongwith offer).
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INTEGRITY PACT
Between
Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The
Principal”,
and
………………………………………………………. hereinafter referred to as “The
Bidder/Operator”
Preamble
The Principal intends to award, under laid down organization procedures, contract/s
for ………………………………………… The Principle values full compliance with all
relevant laws and regulations, and the principles of economic use of resources, and
of fairness and transparency in its relations with its Bidders/s and Operator/s.
In order to achieve these goals, the Principal cooperates with the renowned
international Non-Governmental Organisation “Transparency International” (TI).
Following TI‟s national and international experience, the Principal will appoint an
external independent Monitor who will monitor the tender process and the execution
of the contract for compliance with the principles mentioned above.
Section 1 – Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:
1. No employee of the Principal, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for him/herself or third person, any material or immaterial
benefit which he/she is not legally entitled to.
2. The principal will, during the tender process treat all Bidders with equity and
reason. The Principal will in particular, before and during the tender process, provide
to all Bidders the same information and will not provide to any Bidder confidential /
additional information through which the Bidder could obtain an advantage in
relation to the tender process or the contract execution.
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3. The principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which
is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a
substantive suspicion in this regard, the Principal will inform its Vigilance Office and in
addition can initiate disciplinary actions.
Section 2 – Commitments of the Bidder / Operator
(1) The Bidder / Operator commits itself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
1. The Bidder / Operator will not, directly or through any other person or firm, offer,
promise or give to any of the Principal‟s employees involved in the tender process or
the execution o
f the contract or to any third person any material or immaterial benefit which he/she
is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
2. The Bidder / Operator will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission
of bids or any other actions to restrict competitiveness or to introduce cartelisation in
the bidding process.
3. The Bidder / Operator will not commit any offence under the relevant Anti-
corruption Laws of India; further the Bidder / Operator will not use improperly, for
purposes of competition or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.
4. The Bidder / Operator will, when presenting his bid, disclose any and all payment
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
(2) The Bidder / Operator will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
Section 3-Disqualification from tender process and exclusion from future contracts
If the Bidder, before contract award has committed a transgression through a
violation of Section 2 or in any other form such as to put his reliability or credibility as
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Bidder into question, the Principal is entitled to disqualify the Bidder from the tender
process or to terminate the contract, if already signed, for such reason.
(1) If the Bidder/Operator has committed a transgression through a violation of
Section 2 such as to put his reliability or credibility into question, the Principal is
entitled also to exclude the Bidder / Operator from future contract award processes.
The imposition and duration of the exclusion will be determined by the severity of the
transgression. The severity will be determined by the circumstances of the case, in
particular the number of transgressions, the position of the transgressors within the
company hierarchy of the Bidder and the amount of the damage. The exclusion will
be imposed for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal after due
consideration of the available evidence, concludes that no reasonables doubt is
possible.
(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s
absolute right to resort to and impose such exclusion and further accepts and
undertakes not to challenge or question such exclusion on any ground, including the
lack of any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
(4) If the Bidder / Operator can prove that he has restored / recouped the
damage caused by him and has installed a suitable corruption prevention system,
the Principal may revoke the exclusion prematurely.
Section 4 – Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the
award according to Section 3, the Principal is entitled to demand and recover from
the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the
Principle is entitled to terminate the contract according to Section 3, the Principal
shall be entitled to demand and recover from the Operator liquidated damages
equivalent to Security Deposit / Performance Bank Guarantee.
(3) The bidder agrees and undertakes to pay the said amounts without protest or
demur subject only to condition that if the Bidder / Operator can prove and establish
that the exclusion of the Bidder from the tender process or the termination of the
contract after the contract award has caused no damage or less damage than the
amount of the liquidated damages, the Bidder / Operator shall compensate the
Principal only to the extent of the damage in the amount proved.
Section 5 – Previous Transgression
(1) The Bidder declares that no previous transgression occurred in the last 3 years with
any other Company in any country conforming to the TI approach or with any other
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Public Sector Enterprise in India that could justify his exclusion from the tender
process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or the contract, if already awarded, can be terminated for
such reason.
Section 6 – Equal treatment of all Bidders / Operators / SubOperators
(1) The Bidder / Operator undertakes to demand from all subOperators a
commitment in conformity with this Integrity Pact, and to submit it to the Principal
before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with
all Bidders, Operators and SubOperators.
(3) The Principal will disqualify from the tender process all bidders who do not sign this
Pact or violate its provisions.
Section 7 – Criminal charges against violating Bidders/Operators/SubOperators
If the Principal obtains knowledge of conduct of a Bidder, Operator or SubOperator,
or of an employee or a representative or an associate of a Bidder, Operator or
SubOperator which constitutes corruption, or if the Principal has substantive suspicion
in this regard, the Principal will inform the Vigilance Office.
Section 8 – External Independent Monitor / Monitors (three in number depending on
the size of the contract) (to be decided by the Chairperson of the Principal)
(1) The Principal appoints competent and credible external independent Monitor for this
Pact . The Principal has nominated S/Shri Prabir Sengupta , V K Shunglu and Justice S C
Pratap C/o Company Secretary , Hindustan Petroleum Corpn Ltd , 17 , Jamshedji Tata
Road , Mumbai – 400020 .The task of the Monitor is to review independently and
objectively, whether and to what extent the parties comply with the obligations under this
agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairperson of
the Board of the Principal.
(3) The Operators accepts that the Monitor has the right to access without restriction
to all Project documentation of the Principal including that provided
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by the Operator. The Operator will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to this
project documentation. The same is applicable to SubOperators. The Monitor is
under contractual obligation to treat the information and documents of the Bidder /
Operator / SubOperator with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the Principal and the Operator. The
parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this
agreement, he will so inform the Management of the Principal and request the
Management to discontinue or heal the violation, or to take other relevant action.
The Monitor can in this regard submit non-binding recommendation. Beyond this, the
Monitor has no right to demand from the parties that they act in a specific manner,
refrain from action or tolerate action. However, the Independent External Monitor
shall give an opportunity to the bidder / Operator to present its case before making
its recommendations to the Principal.
(6) The Monitor will submit a written report to the Chairperson of the Board of the
Principal within 8 to 10 weeks from the date of reference or intimation to him by the
„Principal‟ and, should the occasion arise, submit proposals for correcting
problematic situations.
(7) Monitor shall be entitled to compensation on the same terms as being extended
to / provided to Outside Expert Committee members / Chairman as prevailing with
Principal.
(8) If the Monitor has reported to the Chairperson of the Board a substantiated
suspicion of an offence under relevant Anti-Corruption Laws of India, and the
Chairperson has not, within reasonable time, taken visible action to proceed against
such offence or reported it to the Vigilance Office, the Monitor may also transmit this
information directly to the Central Vigilance Commissioner, Government of India.
(9) The word „Monitor‟ would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Operator
12 months after the last payment under the respective contract, and for all other
Bidders 6 months after the contract has been awarded. If any claim is made /
lodged during this time, the same shall be binding and continue
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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) Changes and supplements as well as termination notices need to be made in
writing. Side agreements have not been made.
(3) If the Operator 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/Operator
Place……………………………. Witness 1: ……………………
Date……………………………… Witness 2: …………………..