HINDUSTAN PETROLEUM CORPORATION LIMITED

Transcription

1 HINDUSTAN PETROLEUM CORPORATION LIMITED DIRECT SALES DEPARTMENT, 2nd FLOOR, HINDUSTAN BHAVAN 8,SHOORJI VALLABHDAS MARG BALLARD ESTATE,MUMBAI TEL No : / FAX No : / maureenm@hpcl.co.in TENDER No : HD TENDER DOCUMENT FOR FABRICATION & SUPPLY OF 210 LTR MS LUBE BARREL (20GAUGE) CONFORMING TO BIS 1783 (PART 2) GRADE B TYPE 2. TO HPCL BUDGE BUDGE AND RAMNAGAR TERMINAL. Signature & Seal of the tenderer Page 1 of 55

2 HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2 ND FLOOR, HINDUSTAN BHAVAN, 8,SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI TEL : / FAX No : / COVERING LETTER LUB/PUR/HP/MM Dated : Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. Due Date : 12/03/2013 Time : 3.00 PM Earnest Money Deposit : NIL Dear Sir, We invite your most competitive Bid for Supply of MS Barrels as listed below, as per attached specifications for a period of 12 months from the date of placement of the purchase order. You are required to be Micro or Small Enterprise, registered with District Industries Centres or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises. Bids received without the documents supporting your registration as a Micro or Small Enterprise as per above, will be rejected. Signature & Seal of the tenderer Page 2 of 55

3 Quantity required at : OR at : Hindustan Petroleum Corporation Limited Ramnagar Terminal, 1, Harimohan Ghosh Road, Garden Reach Kolkata, West Bengal Hindustan Petroleum Corporation Limited Budge Budge Terminal 1, Grasham Road,Budge Budge (24 Parganas) West Bengal. Item No. Item Quantity Required No of Vendors required Ratio of award of business(%age) Litre MS Lube Barrels 20Gauge 1,08,000 Nos : 40 Bid should be submitted in Two Bid System (Unpriced Bid & Priced Bid) as under: Tender Documents to be submitted with Unpriced Bid should sealed in Envelope Marked UNPRICED BID and Priced Bid is to sealed in a separate envelope marked PRICED BID. Both these sealed envelopes shall be submitted in a common envelope and dropped in Tender Box for Direct Sales located in the Ground Floor at, Hindustan Bhawan, Hindustan Petroleum Corporation Limited, Hindustan Bhavan, 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai TENDER ATTACHMENTS : The various Attachments to the Tender are as follows : Annexure I Pre-Qualification Criteria Annexure II Unpriced Bid (a) Unpriced Bid (b) Annexure III Tender Terms & conditions Annexure IV BG format Annexure V Declaration 1, 2,3,4,5,6 Annexure VI Deviation Sheet Annexure VII Tenderers Details UNPRICED BID ENVELOPE Annexure IX Annexure X Integrity pact Technical Specifications for 20G 210 Ltr MS Barrel Signature & Seal of the tenderer Page 3 of 55

4 Annexure VIII Price Bid PRICED BID ENVELOPE SCOPE OF WORK : 1. Scope of supply of 210 litres MS (20G) barrels will include, manufacture of barrels conforming to BIS 1783 (Part- 2) 1993 Grade B Type 2, Quality Checks, Packing, Forwarding and transportation including unloading & stacking the materials at HPCL s plant. 2. Rates quoted for supply of 210 litres MS Lube barrels will include cost of raw material i.e. steel meeting BIS specs IS (latest revision) Type O quality of SAIL/ TATA/ JINDAL/ ESSAR or equivalent, Value Addition, Excise Duty, Taxes and other statutory levies, freight / transportation charges, packing / forwarding, etc., 3. Existing suppliers of HPCL, if successful in tender, shall commence supply within 10 days of call-ups received from locations, upon issuance of LOI / PO. Successful tenderers who have not supplied similar material to HPCL earlier shall commence 1 st supply within two weeks of call-ups received from locations, upon issuance of LOI / PO and Sample approval. Subsequent supplies shall be made within 10 days of call-ups received from locations. 4. All tenderers may be required to supply the minimum committed quantity as confirmed by the bidders in our Unpriced Bid of Annexure- II of the tender document. 5. In case of poor availability of steel coil (CRCA sheets) from SAIL, the vendor will have to procure steel from any other source (TISCO / Jindal/ ESSAR or equivalent). However, for rates calculation / payments, SAIL price ex- Bokaro, as per tender shall be applicable. The vendor should quote conversion charges considering the above. OTHER TERMS AND CONDITIONS : 1. The tenderer should have the necessary machinery required for the manufacturing, testing, and screen printing of the barrels. All the equipments required should be owned by the tenderer. 2. Vendor Inspection may be carried out at Vendor s premises in order to ensure that necessary machinery required for manufacturing, testing, and screen printing of the barrels is available at the Vendor s premises. Only those vendors who are technically qualified as per the Vendor s Site Inspection Report will be considered for Priced Bid opening. Signature & Seal of the tenderer Page 4 of 55

5 3. The tenderer should provide the concurrent commitment and give an undertaking that the installed capacity is capable of supplying to HPCL considering the concurrent commitments. 4. The tenderer should be able to supply to HPCL the minimum committed quantity as confirmed by the bidders in our Unpriced Bid of Annexure- II of the tender document. 5. The quantity offered by the tenderer should be minimum 60% of the tendered quantity. 6. At the time of release of the purchase order, the steel prices of SAIL as applicable on the date of purchase order will be considered as the base price. 7. The tenderers are also requested to indicate the location of the nearest stockyard of SAIL, based on which the railway freight is indicated. However such location indicated by the tenderer will not be revised during the contract period. 8. Bids that do not meet the Tender Terms and conditions are liable to be rejected. Notes : 1) All revisions,clarifications,corrigenda,addenda,time extensions etc.,to the tender will be hosted on HPCL website ( only. Bidders should regularly visit this website to keep themselves updated. 2) 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. 3) If filled Priced Bid is found in the un-priced bid envelope, the Bid shall be rejected. 4) If any discrepancy is observed in the %age of duties and levies quoted in the Priced Bid and Unpriced Bid, the %ages quoted in the unpriced Bid shall prevail. 5) Bids in response to the tender submitted after the due date and time will not be accepted 6) 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. Signature & Seal of the tenderer Page 5 of 55

6 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. 6) 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 VI. HPCL reserves the right to accept or decline any proposed deviation. 7) This tender is governed by the grievance redressal mechanism of HPCL as published at website: 8) HPCL reserves the right to accept or reject any tender in part or full without assigning any reason whatsoever. For Queries pertaining to the tender please contact the following persons: Regarding Specifications: Kapil Tekchandani Sr.Manager-Package Development Tel: (022) Regarding Tender/Commercial: Thanking you, Ms Maureen Maheshwari Dy. Manager-Purchase (DS) Tel: (022) Very Truly Yours, H. Padmanabhan Ch. Manager - Procurement (DS) Signature & Seal of the tenderer Page 6 of 55

7 Annexure I MINIMUM QUALIFYING CRITERIA / PRE QUALIFICATION CRITERIA: Tenderer who fulfil the following Minimum Qualifying Criteria may submit their documents against this tender Documents supporting the following criteria along with the Un-Priced Bid. : 1. Average Annual Financial Turnover of the previous 3 financial years viz., , & should not be less than Rs. 356 Lakhs. Please submit audited Profit & Loss Statement for the last 3 years viz , & Technical: The tenderer should have the experience of having successfully completed similar work during the last 7 years, period ending 31 st January,2013, as follows : 3 orders worth Rs. 190 Lakhs each or 2 orders worth Rs. 238 Lakhs each or 1 order worth Rs. 380 Lakhs. Similar Work : For the purpose of this Tender, Fabrication and Supply of MS Lube Barrels conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 or BIS 1783 (Part 1) 1993 Grade A Type 2, 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 has been completed satisfactorily. 3. EMD : NIL 4. BIS License : The tenderer should have valid BIS license for 20G, 210 litre MS barrels as per IS 1783 (Part 2) 1993 Grade B Type 2 as on the due date of the tender. The subject certificate should include the plant/premises from where the tenderer wishes to offer the supply of barrels. 5. Affiliates : Only one affiliate should apply. Signature & Seal of the tenderer Page 7 of 55

8 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. 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; d) an Indian arm of a foreign company. Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above 4 types of bidders is 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; Signature & Seal of the tenderer Page 8 of 55

9 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; 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. d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or affiliate) of a foreign bidder, then the foreign bidder shall have to fulfill each eligibility criteria. If such foreign company desires that the contract be entered into with the Indian arm, then a proper back to back continuing (parent company) guarantee shall be provided by the foreign company clearly stating that in case of any failure of any supply or performance of the equipment, machinery, material or plant or completion of the work in all respects and as per the warranties/ guarantees that may have been given, then the foreign company shall assume all obligations under the contract. Towards this purpose, it shall provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the foreign company to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the Indian arm or to render the same themselves so as to ensure completion of the contract when awarded, an undertaking not to withdraw from the contract till completion of the work, etc. HPCL reserves the right to accept or reject any document at its discretion. Bids not meeting the above Pre-Qualification Criteria will be rejected. Signature & Seal of the tenderer Page 9 of 55

10 UNPRICED BID (a) ANNEXURE - II Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. PART A (STEEL PRICE)-FOR 20 GAUGE MS DRUMS NOTE : YOUR QUOTED PRICE SHOULD BE BASED ON THE FOLLOWING SAIL STEEL (1.00 MM - 20GAUGE COLD ROLLED TESTED O KILLED STEEL) BASE PRICE EFFECTIVE 1 ST August, 2012 : Rs. 44,700/- PER MT FOR BODY OF BARREL (920mm) Rs. 44,500/- PER MT FOR ENDS OF BARREL (1320mm) PLEASE QUOTE THE APPLICABLE RATES FOR RAILWAY PACKING, STOCKYARD CHARGES AND RAILWAY FREIGHT AND ALL %AGES OF DUTIES & LEVIES HERE. SAIL Stockyard Location : (Figures in Rupees) Size of Steel > Body : 920 mm Ends : 1320 mm 1) Basic Price per MT ) Railway Packing in Rs./MT 3) Excise Duty % (for direct supply) 4) Stockyard Charges in Rs./MT 5) Railway Freight in Rs./MT 6) Excise Duty % (for ex-stocykyard price) 7) Sub-total 8) Sales Tax % 9) Octroi Duty % Signature & Seal of the tenderer Page 10 of 55

11 (If applicable) 10) Total in Rs./MT 11) less modvat % 12) Less VAT Setoff Applicable As quoted by the vendor % 13) Net Steel Cost in Rs. per MT 14) Ratio of Matching Steel ) Average Steel Cost in Rs. per MT 16) Yield per MT ) Net Steel Cost Per Barrel in Rs. -A PART B (BARREL PRICE) TYPE OF BARREL Figures in Rupees 20GAUGE LUBE BARREL 1) Net Steel Cost in Rs. per Barrel (As per Part A)-A 2) Add : Value Added in Rs. per barrel (This includes all other inputs such as barrel fittings, paints, seaming compound etc.,labour overheads profits, Screen Printing charges etc.) 3) Basic Price in Rs. per barrel (1) + (2) 4) Excise Duty including Education Cess % 5) Sub - total 6) VAT / ST incl. SC % Signature & Seal of the tenderer Page 11 of 55

12 7) Sub - total 8) Delivery Charges in Rs. per barrel 9) Octroi Duty (If applicable) % 10) Delivered Cost in Rs. per barrel Tenderer should confirm that his offer is for supply of barrels with BIS Marking. Signature & Seal of the tenderer Page 12 of 55

13 UNPRICED BID (b) Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. TENDERERS ARE REQUESTED TO INDICATE THE FOLLOWING: Type of Barrel 210 Ltr MS 20Gauge Lube Barrels Tender Quantity (Nos) 1,08,000 Notes : The above mentioned quantity offered by the tenderer is independent of other tenders and considering the existing commitments of the tenderer. Please confirm the following : Location of the nearest stockyard of SAIL, : based on which the railway freight is indicated. Have you been a previous supplier of the material offered? : If so, Please furnish latest order no & date Payment Terms (15 Days) : Validity of offer (120 days) from the due date or extended due : Date of the tender. Have you enclosed Tender Terms & : Conditions duly signed and stamped. Please confirm that your offer is for supply : of barrels with BIS Marking. Total Quantity offered by Tenderer (Nos)-Minimum of 64,800 nos. should be offered. Quantity Offered per month.(minimum 10,000 nos. should be offered) Are you registered with MSE. Please provide : Certificate with the items tendered for. Signature & Seal of the tenderer Page 13 of 55

14 Annexure III TENDER TERMS & CONDITIONS Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. 1) MSE Registration: Vendor registered with MSE shall submit a copy of valid registration certificate with any of the authorities mentioned in the opening pages. The MSE Certificate should clearly indicate : i) The Item of manufacture for which, the Unit is registered with MSE ii) Location/address of the Unit for which the MSE certificate is issued For MSE status to be considered, supplies will have to be made from the plant for which the MSE Certificate is furnished. For this purpose Notarized copy of valid MSE registration certificate along with relevant Annexure, should accompany the tender. If a tenderer submits MSE Certificate not conforming to the above his tender is liable to be rejected. 2) Withdrawl of Bid during the validity of the offer of 120 days, will entail action against the bidder as per HPCL Purchase policy. 3) BIS License : The tenderer should have BIS license for 20G, 210 litre MS barrels as per IS (Part 2) Grade B Type 2 as on the due date of the tender. The subject certificate should include the plant/premises from where the tenderer wishes to offer the supply of barrels. Copy of BIS License shall be submitted by the tenderer along with the Unpriced Bid. Vendor Inspection may be carried out at Vendor s premises in order to ensure that necessary machinery required for manufacturing and testing of the barrels is available at the Vendor s premises. Only those vendors who are technically qualified as per the Vendor s Site Inspection Report will be considered for Priced Bid opening. 4) Approval of Sample : Successful tenderers will have to manufacture MS Barrels as per specifications enclosed with the tender and submit their sample to Chief / Sr. Installation Manager within 10 days of receipt of LOI (Letter of Intent) or PO (Purchase Order) for necessary approvals and modifications. Any minor changes as required will have to be carried out by the successful tenderer without any extra cost. Based on approved master barrel, tenderer should undertake regular Signature & Seal of the tenderer Page 14 of 55

15 manufacture of barrels. Approved reference sample of barrels will have to be kept at our Installation for comparison of barrels being supplied against orders. In case of delay by successful tenderer in getting samples approved, HPCL reserves the right to reduce the quantity or cancel the entire quantity already awarded to him. Delivery Schedule: Total tender quantity is separately indicated in tender. Quantity indicated is provisional, estimated quantity only and HPCL reserves the right to order any quantities at its sole option within total quantity offered by tenderer. Orders shall be treated as closed after successful tenderer have supplied the ordered quantities. Tenderers to note that the monthly call - up quantities may not be on pro - rata basis of total ordered quantity but will be based on the specific demand for the month. Daily supply of the prorated call up quantity shall be made on daily basis. Any failure to meet daily requirement, corporation reserves right to evoke risk purchase clause. No delivery will be accepted on Sundays/holidays. The monthly requirements will be intimated from time to time by means of written call ups against Purchase Order quantities with a notice of one week on successful tender by our terminals. Delivery should be made in line with such callups. The quantities called up should be supplied as per the delivery schedule given in the callups. Tenderers are advised to specify in the tender document, the maximum quantities they are able to commit or supply every month and on total basis. Such offered quantities will be treated as firm and shall not be open for the tenderers to withdraw / reduce the quantities once committed as available. Delivery Period and quantities once committed must be strictly adhered to. In the event of inability of HPCL to uplift the stipulated number of material due to circumstances beyond its control, HPCL will not be responsible for any losses sustained by tenderers. Supplier should ensure that trucks loaded with barrels should reach the terminal inventory control department before 3 PM on all working days except Saturdays. On Saturdays, the truck should report to the terminal before 12 noon, otherwise truck will be unloaded on next working day. 5) Defective Material : Barrels not supplied as per specifications, found to be rusty, underweight, leaky, substandard or have any manufacturing / printing defects, will be rejected during receipt of consignment or as and when detected during the course of filling line at any point of time. Such defective barrels are to be replaced by Supplier within 7 days of intimation. The defective barrels will be defaced / destroyed before returning to supplier for replacement. Supplier will arrange their removal from our terminal at his own cost. If he fails to replace the defective barrels within 7 days of intimation, HPCL will be free to dispose of the same at the risk, responsibility and cost of supplier Appropriate amount will be deducted from supplier s pending bills. HPCL also Signature & Seal of the tenderer Page 15 of 55

16 reserve their right to suspend temporarily or permanently, the supplies from such party / supplier. In case of any disputes regarding rejection, the decision of Chief / Sr. Installation Manager will be considered as final and irrevocable. 6) Raw Material and Other Inputs : Tenderer shall be responsible for procurement of all essential raw materials (Steel) and other inputs as per specifications wherever necessary for manufacture of barrels to suit delivery schedule committed to HPCL. Any delay in delivery schedule due to delay in procurement of raw material and / or other inputs will not be condoned. 7) Risk Purchase: In case successful tenderers fail to deliver the ordered quantities of materials as per callups stipulated in delivery schedule HPCL reserves the right to procure the undelivered quantities of materials from alternative sources at the risk, responsibility and cost of successful tenders. Such cost will be recovered from successful tenderer s pending bills, Security Deposit / EMD etc. Suppliers of defective, damaged, rusty, leaky or off-specifications barrels or supplies deviating from other terms and conditons of purchase order will be rejected and repeated rejections will entail cancellation of orders and Risk Purchase from other alternative source(s) on supplier s cost. Similarly any undue delay in supply of called-up quantities beyond 15 days of concerned month, may entail Risk Purchase. 8) Price Escalation / De-escalation : Price quoted against this tender is subject to escalation / de-escalation as provided hereunder : Rate Schedule (Price Bid) shows steel cost of 1.00 mm (20 Gauge) Cold Rolled tested O Killed Steel, which form basis for the quoted price. Price quoted against this tender is subject to escalation / de-escalation and POs shall be placed considering cost of steel as on the date of PO. Subsequent to release of PO,escalation/de-escalation shall be applicable as under : a. Any revision in steel cost (Base Price, Stockyard Charges etc.) as announced by SAIL (Steel Authority of India Ltd) and revision in Railway Freight, Taxes, Duties, Statutory Levies which affects SAIL Steel Price, will be granted to successful tenderer. b. However, the revised price will be applicable for supplies of barrels made after one month (e..g. If Price is revised from , Supplies during Dec 2012 will be made at old rate and revised rate will be applicable for supplies of barrels made on or after ). c. Yield of Barrels per MT for 1.00 mm (20 Gauge) Steel will be taken as finalized for the purpose of escalation / de-escalation. d. Any change in Excise Duty, Sales Tax and Octroi Duty (If any) will be borne by the Corporation (Purchaser). Relevant Notification to be provided in the event of any change. e. Documentary Proof will be submitted in support of claim for price revision. Signature & Seal of the tenderer Page 16 of 55

17 f. Except as provided above, no escalation / de-escalation will be allowed on any other item. 9) Excise Duty & Education Cess : Excise Duty and Education Cess will be reimbursed at actual as applicable at the time of delivery. 10) Value Added Tax, Sales Tax (including Surcharge) : The rate of VAT, Sales Tax including SC, payable will be as applicable at the time of delivery. Payment is subject to the condition & tenderer s written undertaking that the same is statutorily payable by the tenderer to the Government and actually will be paid to the Government. Calculation of VAT Setoff will be done as follows: Tender shall be evaluated taking into consideration 95.35% input credit on VAT for tenderers located within the State of West Bengal based on HPCL sales within the state of West Bengal. 11) Octroi Duty, as applicable, shall be quoted by the parties in %age, without which Octroi Duty will not be reimbursed to the successful party. This is required for evaluation purpose to arrive at the Net Delivered Rate. Octroi Duty will be reimbursed at actual (subject to a maximum of quoted rates) by HPCL against proof and the same should not be included in the Basic Cost. Octroi must be quoted separately. 12) Security Deposit : Security Deposit equivalent to 1% of basic value of order, will be submitted by successful tenderer to our Disbursement Section (Payment Authority) by Crossed demand draft drawn in favour of Hindustan Petroleum Corporation Ltd. OR by Original Bank Guarantee from Nationalised Bank/ Scheduled Bank (other than Co-operative Bank), valid for the entire contract period, otherwise the same shall be deducted from successful tenderer s bills. Earnest Money Deposit (EMD, If any), 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. 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 successful tenderer fails to supply or fulfill any of their contractual obligations. Signature & Seal of the tenderer Page 17 of 55

18 13) Declaration by the tenderer : Tenderers must provide an undertaking that They will not supply / divulge HPCL s packages / moulds, designs / artwork to any other party. Any vendor found indulging in such activities, appropriate penal action will be initiated by HPCL. 14) Payment Terms : Two consolidated bills / invoices (duly supported by receipted challans etc.) for supplies made (during 1 st to 15 th and 16 th to end of the month) should be submitted respectively before 23 rd of the same month and 10 th of the next month to our following Payment Authority. Payment of bills will be effected on or after 7 th or 23 rd of the following month respectively. Party will have to furnish proof of purchase of steel meeting BIS specs IS-513 as and when sought for by HPCL. Since these are our standard payment terms which cannot be changed, please submit your quotation accordingly. Supplies made to Budge Budge Terminal OR Ramnagar Terminal Payment Authority (HPCL Office at) Hindustan Petroleum Corporation Limited Budge Budge Terminal 1, Grasham Road, Budge Budge (24 Parganas) West Bengal. 15) Sub-leasing: The successful tenderers shall not be allowed or entitled to sublet, subcontract or assign any part of the order without the prior written consent of HPCL 16) Transit Risk: For successful tenderers supplying materials from outstations on FOR Destination basis, any damage, shortage, loss, deterioration etc. will be to the account of tenderer who would be responsible for arranging timely supplies. 17) Validity of offer from Tenderer : The rates quoted as well as total or monthly quantities offered against this tender shall be valid for a period of 120 days from due date / extended due date of tender. 18) Rejection a. Sampling, testing and acceptance of the consignment shall be carried out in accordance with the procedure prescribed by BIS and the additional requirements laid down by HPCL thereof. b. Supplier should note that it is not incumbent upon HPCL to check and test each and every barrel out of consignment received and HPCL will make only random checks in accordance with the procedure laid down by BIS / HPCL. c. If, as a result of checks / tests carried out, if any barrel is found defective or not meeting specifications criteria, HPCL shall return such defective barrels(s) to Supplier after making ½ inch puncture at the TOP of the barrel(s). This puncturing has to be done by the supplier at his cost. Signature & Seal of the tenderer Page 18 of 55

19 d. Barrels shall be free from defect of any kind whatsoever for a minimum period of 6 months from the date of acceptance by HPCL. In case HPCL suffer loss due to leakage or on account of any latent defect found in barrel before the expiry of the above period, HPCL shall be entitled to claim from supplier not only value of such barrels but also the value of the product lost through leakage, if any. HPCL shall not be bound to return such defective barrel(s) to Suppler. 19) Cancellation HPCL reserve the right to cancel the contract forthwith upon or any time after the happening of any of the following events viz : a. If Tenderer commits breach of any of the tender terms and conditions and fail to remedy such breach within 15 days of receipt of written notice in regard thereto. b. On the death or adjudication of insolvent of the tenderer if he be an indicidual. c. Liquidation whether voluntarily or otherwise on the passing of an effective resolution for winding of tenderer if it be a company d. If the attachment is levied or continued to be levied for a period of seven days upon effects of the tenderer or of any individual or partner of tenderer firm. e. If the tenderer does not adhere to the instructions which may be issued from time to time by HPCL in connection with the manufacture of barrels. f. If the tenderer has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the Owner. HPCL s right to terminate the contract shall be without prejudice to any of other rights and remedies against the tenderer and in the event of terminating the contract, HPCL shall not be liable to pay for any loss or compensation in respect of such termination. 20) Force Majeure : Force Majeure clause will be applicable on both sides. However, in case of force majeure the concerned party shall inform the other party in writing within 21 days of the happening of the force majeure occurrence. The accepted definition of force majeure will be as Acts of God, war declared or undeclared, Civil Commotion, Natural Calamities (like floods, Earthquakes, Epidemics etc.) Strikes, Lockouts, Statutory restrictions effecting deliveries, fires, explosions, Acts of enemy agent etc. 21) Liquidated Damages for Delay in Delivery : The tenderer agree to pay to the Corporation by way of liquidated damages and not as penalty an amount equal to ½ % (0.50 %) of the value of the materials so delayed for each week or part thereof such delay in delivery, subject to a maximum 5 % of the total order value. The liquidated damages shall be recovered by HPCL out of the amounts payable to the Contractor or from any Bank Signature & Seal of the tenderer Page 19 of 55

20 Guarantees or Deposits furnished by the Contractor or the Retention Money retained from the Bills of the Contractor, either under this contract or any other contract. 22) Statement of Supply : Supplier shall send a statement showing supplies made by them to terminals vis-à-vis the callup quantity for each month within first week of following month together with necessary remark if any, for short supplies against call ups to concerned receiving location / terminals with a Copy to Lubes Purchase Dept. Hindustan Bhawan, Mumbai. 23) Validity of Order : Order will be valid for a period of 12 Months from the date of placement of letter of intent / purchase order. 24) Trial Orders : Successful tenderers who have not supplied similar material to HPCL earlier will be given a trial / developmental order of 10% of their total PO quantity. PO for balance quantity will be released, depending upon their share of business as per ranking, after satisfactory performance of trial order. 25) Distribution of Orders : HPCL reserves the right to draw its requirement from any number of suppliers of its choice simultaneously and use its discretion regarding the quantities to be ordered / drawn from each supplier. Number of suppliers required is indicated in covering letter of tender. Please note that the placement of order against this tender will confirm to the rules and regulations of the government of India as advised from time to time, including the purchase preference to MSE Registered Industries. Normally tender quantity is distributed in the following manner : Number of Tenderers Ratio Remarks 4 40 : 30 : 20 : 10 L2, L3, L4 to match L1 Rate 3 50 : 30 : 20 L2 & L3 to match L1 Rate 2 60 : 40 L2 to match L1 Rate % The above distribution is applicable only in case, the other than L1 vendor as per their relative ranking, match the L1 rates. In case of their refusal, their allotted share will be added to L1 party. HPCL also reserves the right to retender the balance share to be allotted. In this Tender, HPCL proposes to award the business to two parties in the ratio 60 : 40. Validity of quantity offered and rates for successful tenderers will be 12 months. 26) 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. Signature & Seal of the tenderer Page 20 of 55

21 27) Acceptance of Tenderers : 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. 28) Evaluation of Tenders : The evaluation of the tender will be based on the Net Delivered Cost of the barrel at HPCL s premises on the due date of the tender. The Net Delivered cost will be arrived at deducting MODVAT Credit and VAT Setoff. For the procurement of the steel plate by the tenderer, the VAT Setoff will be considered as indicated by the tenderer only. All the tenderers are advised to quote in the format provided. 29) 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. 30) Repeat Orders : Repeat Purchase Order may be placed on the successful tenderer within 12 Months of the date of the original PO, upto a maximum of the PO quantity of the original Order, at the same terms and conditions and at a rate not exceeding the original PO rate. Repeat PO will be placed at the sole discretion of HPCL and shall be binding on the successful tenderers. 31) Arbitration : 1) All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided. 2) The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank of Ch. Manager & above or any retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference. Signature & Seal of the tenderer Page 21 of 55

22 3) In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator. 4) Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator. 5) The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement. 6) The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings. 7) The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary. 8) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25% on acceptance, 25% on completion of pleadings / documentation, 25% on completion of arguments and balance on receipt of award by the parties. 9) Subject to the aforesaid, the provisions of the # Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause. 10) The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in English language. 11) The Appointing Authority is the Director Marketing of Hindustan Petroleum Corporation Limited. Signature & Seal of the tenderer Page 22 of 55

23 (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) Annexure IV 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. 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 Signature & Seal of the tenderer Page 23 of 55

24 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 ommission 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 authorised to sign on behalf of "the Bank") Signature & Seal of the tenderer Page 24 of 55

25 Annexure V DECLARATION - 1 Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. Tenderer should give declaration as per clause no Declaration by the tenderer of Tender Terms & Conditions (The following should be typed on the letter head of the tenderer and should duly signed with rubber stamp) Intellectual Property Rights: We hereby undertake to abide by the following : 1. We will not divulge or supply HPCL s packaging material (Labels, artworks, Containers, cartons, moulds, etc. Or any other property of HPCL) to any other vendor/ party. 2. All the rejected material, if any, shall be totally destroyed by us and shall not be re-used or sold outside. 3. We will use HPCL s property (moulds/ artworks) with utmost care and use them for supplies to be made for HPCL only. 4. We will return all the moulds/ designs and other HPCL property back to HPCL, once purchase order placed on us are completed. In case we are found indulging in such activities (transfer of intellectual property), HPCL is at their liberty to impose any penal action on us as deemed suitable. Place: Date : Signature / Seal of the Tenderer Signature & Seal of the tenderer Page 25 of 55

26 DECLARATION 2 Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. (The following should be typed on the letter head of the tenderer and should duly signed with rubber stamp) I / We do hereby declare that the entire information given in this application form and the enclosed attachment are true to the best of my / our knowledge. If any of the information given herein, is found to be incorrect/ false, I undertake to permit HPCL to procure the balance quantity of the Purchase Order(s) from any alternate source and the differential amount will be recovered from my pending bills. I will also abide by any penal action which will be decided by HPCL. Date: Place: SIGNATURE OF THE TENDERER WITH SEAL Signature & Seal of the tenderer Page 26 of 55

27 DECLARATION 3 Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. (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 nonresponsive. Stamp & Signature of the bidder Signature & Seal of the tenderer Page 27 of 55

28 DECLARATION 4 Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. (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 Signature & Seal of the tenderer Page 28 of 55

29 DECLARATION 5 Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. (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 Signature & Seal of the tenderer Page 29 of 55

30 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 Signature & Seal of the tenderer Page 30 of 55

31 Annexure VI 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 Signature & Seal of the tenderer Page 31 of 55

32 TENDERER S DETAILS Annexure VII 1 Name of the Company / Firm 2. Participating in this tender as 1. Single Firm/ Company/ Entity 2. Incorporated Joint Venture (Newly formed i.e. less than 3 year existence) 3. Consortium (Including Unincorporated JV) 4. Indian Arm of a Foreign Company In case of Joint Venture & Consortium Prime Member Name Other member Name 3 Year of establishment 4 1. Central Govt. Undertaking 2. State govt. Undertaking 3. Joint Sector Company 4. Public Limited Company 5. Private limited Company 6. Partnership Firm 7. Proprietary Firm Signature & Seal of the tenderer Page 32 of 55

33 8. Cooperative Society 9. Other (Please specify) 5 Whether MSE Industry If yes, NSIC/ SS/ MSE registration no. (attach photocopy of Registration) 6 Registered office address Telephone no. Fax no. 7 Mailing Address (Branch office for normal correspondence / tender etc.) Telephone no. Fax no. 8 Factory address from where supplies are to be effected Telephone no. Fax no. 9 Details of Directors / Partner / Owner / Proprietors Signature & Seal of the tenderer Page 33 of 55

34 Name of Director / Partner Position held in organization Address & Phone no. Experience (No. of year in Trade) 10 Whether any collaboration (Either financial or technical) with foreign or indigenous firm If yes, give following particulars of the collaborator Name of the Collaborator Address Telephone nos. Details of collaboration YES / NO DETAILS OF FACTORY / MANUFACTURING UNIT( FROM WHERE SUPPLIES ARE PROPOSED TO BE MADE) Factory Area Office Area Storage Space Raw Material Finished Product Printing Facility Number of persons employed Office Works Screen Printing Facility Source of Raw Material -house In house Signature & Seal of the tenderer Page 34 of 55

35 Lead Time for procurement of Raw material (no. of days) Details of Quality certificates from standard organisation s. Please attach a copy Organisation Registration or Reference no. ISI / BIS ISO 9001 / ISO 9002 DGS&D IIP Power availability in H.P.: Whether Tenderer had any IR problems during the last 3 years: YES / NO (If yes, give particulars of what nature with duration of period) Range of products manufactured: Name of products Production capacity (quantity in nos.) Per shift Per month Per Year Name of items quoted against tender Offered capacity (quantity in nos.) Per shift Per month Per Year Whether item quoted is completely manufactured in tenderer s factory: YES / NO (If NO, give name & details of sub-contractors who supply major components (Give details in separate sheet if necessary) Year of Commencement of production of item quoted for Signature & Seal of the tenderer Page 35 of 55

36 DETAILS OF MACHINERY AVAILABLE FOR MANUFACTURING OF ITEMS QUOTED Details of machines Details of machines MAJOR MACHINERY No. of Name of item machines manufactured on machine ALLIED MACHINERY No. of Name of item machines manufactured on machine SCREEN PRINTING FACILITIES Semi-automatic/ Fully-automatic Semi-automatic/ Fully-automatic Details of machines No. of machines Name of item manufactured on machine Semi-automatic/ Fully-automatic LABORATORY / QUALITY CONTROL FACILITIES Names of testing equipments available Whether QC tests are conducted Whether test reports are maintained (mention duration also) Whether qualified Personnel employed for carrying out QC checks Signature & Seal of the tenderer Page 36 of 55

37 Tenderer should have the following equipments: a) Drop Tester b) Electronic Weighing m/c c) Rolling Machine d) Hydraulic Press(Top & Bottom) e) Grinding Machine f) Spot Welding Machine g) Seaming Machine h) Bead Expander i) Top/Bottom Seaming Machine j) De-Greasing System k) De-Greasing Oven l) Automatic Painting Equipment m) Oven Drier n) Leak Test(On Line) o) Hydraulic Test Pump with Gauge p) Conveyor (After coming from painting oven, drum has to come through conveyor) Testing Equipments: a) Digital Varnier Caliper b) Digital Gauge Meter c) Paint Thickness Tester ( Elko meter or DFT tester) d) Paint hardness tester e) Steel scuffing testing m/c Note: Notwithstanding the above list of manufacturing and testing equipment s, the decision of the Vendor inspection Team with respect to the requirement and availability of equipment s for manufacturing and testing of tendered item, shall be final and binding on all bidders. Whether tenderer is possessing ISO 9000 Certificate. If so, give details: List of Large Companies/ Public Sector Undertakings/ Oil Companies to which item(s) quoted for, have been supplied earlier. Give details as under: Signature & Seal of the tenderer Page 37 of 55

38 Name of company Year Quantity ordered Quantity supplied Value of the order (Rs) FINANCIAL 1 Total Capital employed (Rs. lakhs) 2 Annual Turnover (Rs. lakhs) Net profit (after tax depreciation and interest) Assets Current Assets Reserves Current Liabilities 3 Total maximum value of jobs of items which can be handled at a time Maximum value of Bank guarantee which you can provide at a time (only from Nationalised Bank) Maximum value of Indemnity which you can provide at a time 4 Registration / License Number Central Sales Tax State Sales Tax Registration with Excise Authority for MODVAT EPF Registration ESIC Registration WCT Registration Signature & Seal of the tenderer Page 38 of 55

39 Any other (please specify) Factory License no. Companies Act DGTD 5 Name & Address of your Banker a. b. REFERENCES Please give detail of major contracts in the last three years. Also include major jobs not completed but on hand Name of the organization Work Location Job Description Value (in lakhs) Month/ Year of Execution Contact person Telephone / e- mail List of Purchase Orders currently being executed by the tenderer : Customer Name Item PO Number PO Quantity PO Balance Validity of the PO Please give below any other information which is relevant useful and has not been covered. SIGNATURE OF THE TENDERER WITH SEAL Signature & Seal of the tenderer Page 39 of 55

40 CHECKLIST Tenderer has to submit following set of documents, whichever applicable, along with tender. All the submitted documents must be valid & in the name of tenderer or else bid of the tenderer is liable to be disqualified. Put ( ) against each item if applicable & attached. Sr. No. Document Required 1. Copy of Factory License 2. Copy of Excise Registration 3. Copy of Local Sales Tax Registration 4. Copy of Central Sales Tax (CST) Registration 5. Copy of Employee Provident Fund (EPF) Registration 6. Copy of Employee State Insurance Corp. (ESIC) Registration 7. Copy of MSE certificate from DIC 8. Copy of Pollution Control Board Certification 9. Copy of ISI/BIS, ISO 9001/9002 Certification 10. List of Main Manufacturing Machinery with capacity pack size 11. List of Allied Machinery details 12. Details of QC apparatus 13. Copy of Purchase order executed: minimum 3 no s of PO having values as mentioned in Prequalifying Criteria. 14. Audited Profit & Loss Statement for the last 3 years viz , , ( ) if attached Bidders may note that, HPCL, at its sole discretion, may insist on submission of some of the above documents. Signature & Seal of the tenderer Page 40 of 55

41 PRICE BID Annexure VIII (THIS HAS TO BE FILLED AND SEALED IN THE PRICE BID ENVELOPE ONLY ) Public Tender No. Subject : HD : Supply of 210 Ltr MS Lube Barrel (20Gauge) conforming to BIS 1783 (Part 2) 1993 Grade B, Type 2 to HPCL Budge Budge and Ramnagar Terminal. PART A (STEEL PRICE)-FOR 20 GAUGE MS DRUMS NOTE : YOUR QUOTED PRICE SHOULD BE BASED ON THE FOLLOWING SAIL STEEL (1.00 MM - 20GAUGE COLD ROLLED TESTED O KILLED STEEL) BASE PRICE EFFECTIVE 1 st August, 2012 : Rs. 44,700/- PER MT FOR BODY OF BARREL (920mm) Rs. 44,500/- PER MT FOR ENDS OF BARREL (1320mm) SAIL Stockyard Location : (Figures in Rupees) Size of Steel > Body : 920 mm Ends : 1320 mm 1) Basic Price per MT ) Railway Packing in Rs./MT 3) Excise Duty % (for direct supply) 4) Stockyard Charges in Rs./MT 5) Railway Freight in Rs./MT 6) Excise Duty % (for ex-stocykyard price) 7) Sub-total 8) Sales Tax % 9) Octroi Duty % (If applicable) 10) Total in Rs./MT 11) less modvat % Signature & Seal of the tenderer Page 41 of 55

42 12) Less VAT Setoff Applicable As quoted by the vendor % 13) Net Steel Cost in Rs. per MT 14) Ratio of Matching Steel ) Average Steel Cost in Rs. per MT 16) Yield per MT in nos. of Barrels ) Net Steel Cost Per Barrel in Rs. -A PART B (BARREL PRICE) TYPE OF BARREL Figures in Rupees 20GAUGE LUBE BARREL 1) Net Steel Cost in Rs. per Barrel (As per Part A)-A 2) Add : Value Added in Rs. per barrel (This includes all other inputs such as barrel fittings, paints, seaming compound etc.,labour overheads profits, Screen Printing charges etc.) 3) Basic Price in Rs. per barrel (1) + (2) 4) Excise Duty including Education Cess % 5) Sub - total 6) VAT / ST incl. SC % 7) Sub - total Signature & Seal of the tenderer Page 42 of 55

43 8) Delivery Charges in Rs. per barrel 9) Octroi Duty (If applicable) % 10) Delivered Cost in Rs. per barrel Tenderer should confirm that his offer is for supply of barrels with BIS Marking. Signature & Seal of the tenderer Page 43 of 55

44 Annexure IX AGREEMENT NO. Dated To, HINDUSTAN PETROLEUM CORPORATION LIMITED Sub : Purchase of Bidding Documents Ref. Tender No HD 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, HPCL shall have unqualified, absolute and unfettered right to encash / forfeit the bid security submitted in this behalf. Yours faithfully, Yours faithfully (BIDDER) (PURCHASER) One copy of this agreement duly signed must be returned alongwith Offer). Signature & Seal of the tenderer Page 44 of 55

45 INTEGRITY PACT Between Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as The Principal, and. hereinafter referred to as The Bidder/Contractor Preamble The Principal intends to award, under laid down organization procedures, contract/s for The Principle values full compliance with all 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 Contractor/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation Transparency International (TI). Following TI s national and international experience, 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 Signature & Seal of the tenderer Page 45 of 55

46 Bidder could obtain an advantage in relation to the tender process or the contract execution. 3. The principal will exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is 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 / Contractor (1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. 1. The Bidder / Contractor 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 of 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 / Contractor 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 / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder / Contractor 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 / Contractor 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. Signature & Seal of the tenderer Page 46 of 55

47 (2) The Bidder / Contractor 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 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/Contractor 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 / Contractor 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 / Contractor 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. Signature & Seal of the tenderer Page 47 of 55

48 (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 Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee. (3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor 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 / Contractor 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 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 / Contractors / Subcontractors (1) The Bidder / Contractor undertakes to demand from all subcontractors 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, Contractors and Subcontractors. (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/Contractors/Subcontractors Signature & Seal of the tenderer Page 48 of 55

49 If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the 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 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. External Independent Monitor for this Tender shall be. (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 Contractors accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor 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 Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Subcontractor 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 Contractor. The parties offer to the Monitor the option to participate in such meetings. Signature & Seal of the tenderer Page 49 of 55

50 (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 / contractor 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 Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Signature & Seal of the tenderer Page 50 of 55

51 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 Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions For the Principal For the Bidder/Contractor Place. Witness 1: Date Witness 2:.. Signature & Seal of the tenderer Page 51 of 55

52 TECHNICAL SPECIFICATIONS Annexure X Signature & Seal of the tenderer Page 52 of 55

53 Signature & Seal of the tenderer Page 53 of 55

54 Signature & Seal of the tenderer Page 54 of 55