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HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8, SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637224, FAX No : 91 – 22 – 22612944/22610610

PUBLIC E-TENDER IN TWO BID SYSTEM

Tender No. 12000190-HD-14001

Subject

Contractor Built, Owned and Operated Bitumen Packing & handling Plant in and around Mumbai (within 100 Km from HPCL’s Mahul Terminal) in the state of Maharashtra. Approx. volume 1200 TMT over a period of eight years

Due Date & Time 14.02.2013 07.03.2013 15.03.2013 at 11.30 Hrs

Contract Period Four years from the date of Commissioning of Plant with an option for extension by another four years at HPCL’s sole discretion.

Earnest Money deposit (EMD)

Rs 35.0 Lakhs (Rupees Thirty Five Lakhs only)

Pre Bid Meeting 30.01.2013 at 3 PM at Hindustan Bhavan, HPCL, Ballard Estate, Mumbai

Note to Bidders

Already submitted bids shall remain valid for evaluation. In case a bidder desires to revise the bid already submitted then the latest bid submitted will be considered for evaluation and the old one will be discarded.

INDEX OF CONTENTS

Attachment - 1 Definitions

To be Scanned and uploaded on

E-Proc Site

Attachment – 2 Covering Letter Attachment – 3 Tender Terms and Conditions Attachment – 4 Special Terms and conditions Attachment - 5 Bidder details Attachment - 6 Land details Attachment – 6A Agreement for Sale of Land

Attachment – 6B Agreement for Lease of Land

Attachment - 7 Declarations (A,B,C,D,E) Attachment - 8 Deviation Sheet

Attachment – 9 Agreement for Bitumen packing and handling.

Attachment - 10 Unpriced Bid Attachment - 11 Integrity pact Attachment - 12 Format of General POA Attachment – 13 Indemnity Bond Attachment – 14 BG Format (in lieu of EMD) Attachment – 14 A BG Format for Security Deposit Attachment – 14 B BG Format for Product Guarantee

Attachment - 15 PRICE BID FORMAT TO BE FILLED

ON –LINE ONLY

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Attachment 1

DEFINITIONS

The following words and phrases used in these Instructions to Bidders and in other documents associated with this TENDER ENQUIRY have the respective meanings hereby assigned to them in order to illustrate more clearly the intent, unless the context otherwise requires.

1.1 “Company” or “HPCL” or Corporation shall mean Hindustan Petroleum Corporation Limited and includes its personnel, representatives, successors and permitted assigns.

1.2 “Bidder” shall mean any person, (including a partnership, company or corporation) who submits a bid document(s) as required under this Tender Enquiry within the specified Bid Due Date & time.

1.3 “Contractor” means the successful bidder who shall execute the Work under a contract between HPCL and Contractor and with whom a contract is entered into.

1.4 It is understood that the word “Contractor” which appears in the Tender Enquiry documents shall during the entire period of this bid, be taken as referring to each of the Bidders, however out of these Bidders, the successful bidder who, when the contract resulting here from is made by and between the successful Bidder(s) and HPCL shall be termed as “Contractor.”

1.5 “Works” means the “Outsourced Bitumen Packing and Handling Activity” defined and covered under this Tender Enquiry and to be executed by Contractor.

1.6 “Tender Enquiry” means any and all documents compiled herewith as per the Index at Page 1, including all appendices, annexure etc complete and successive supplements thereto, if any, and all minutes of meeting duly signed and issued by HPCL as pertaining to and forming part of this enquiry.

1.7 “Proposal” means any bidder’s official and decisive statement in the form of proposal, Quotation and offer which is submitted to HPCL with all information required as per this Tender Enquiry, and which is in response to this Tender Enquiry.

1.8 “Plant” shall mean Bitumen Packing and Handling Plant facility which shall be put up by Contractor.

1.9 “Agreement” shall mean the agreement signed between HPCL and Contractor upon completion of the Plant in all respects for commencement of the Bitumen Packing and Handling Activity.

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Attachment 2

HINDUSTAN PETROLEUM CORPORATION LTD

DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8, SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637224, FAX No : 91 – 22 – 22612944/ 22610610

Date: 15.01.2013 Covering Letter

Dear Sir,

Electronic digitally signed & sealed (encrypted) e-tenders are invited under ‘Two Bid system’ from experienced and competent bidders under 2-bid system (Priced and Unpriced) for following Work.

Work: Contractor shall build, own a bitumen packing and handling plant (conforming to the requirements set out in this tender document) and operate the same. Alternatively, the contractor must already own a bitumen packing and handling plant (conforming to the requirements set out in this tender document) and operate the same. The estimated annual quantity of the Bitumen Packing & Handling facility is 150000 Metric Tons against this tender. Contract Period: Four years & Extendable by another four years at the sole discretion of HPCL. Location of Bitumen Packing and Filling Plant (Facility) : The Bitumen Packing and Handling Plant shall be established by Contractor within a maximum distance of 100 Kms from Mahul terminal of HPCL within the State of Maharashtra. The calculation of maximum distance will be on the basis of shortest road distance from Mahul Terminal to the location. All costs towards establishing the Plant shall be borne by the Contractor.

Business Distribution: Ranking of the Bidders i.e. L-1, L-2, L-3, etc will be decided on minimum overall financial outgo to HPC by considering the rates quoted for each activity and expected volume of business as projected in this tender document. The complete Work will be awarded to two parties in the ratio of 60:40 subject to acceptance of counter offered L1 Net Delivered rate by L2, L3,L4 … bidders, based on their relative ranking. In event of non-acceptance by the other than L1 party in accepting the counter offered L1 NDR rate, re-tendering will be done for the balance 40% quantity.

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Validity of Offer : You are requested to quote in the schedule of rates attached hereto. Bidders are requested to carefully go through all the terms and conditions of the tender document before submitting their quotations. Tendered rate should be valid for acceptance for 150 days from the due date or from the extended due date of the tender. Any expenditure towards submission of tender shall be solely borne by the Bidder. Pre Qualification Criteria Only those bidders who fulfill the Pre Qualification Criteria mentioned below shall be considered for evaluation. The price bid of only technically qualified bidders shall be considered for Price Bid Opening. Bidders shall submit documentary proof in respect of the following conditions. All such documents shall be submitted with the un-priced bid. A. The bidder shall have actual physical possession of a piece of vacant land of minimum 10400 Square Meters, suitable for putting up a Plant for filling, stacking and loading packed bitumen at the time of bidding. The land shall be well connected by all-weather road. The land could be owned or leased in the bidder’s name. The right to possession of land (if leased) must be valid for at least five years from date of bidding with a renewable option of another five years or must be on absolute ownership basis. At the time of submission of Bid, the appropriate sanctions must be available for using the land for Commercial or Industrial purpose and fit for the purposes stated in this tender document. All the land related documents and the physical land shall be inspected at the Technical evaluation stage by a team of HPCL officers or by a third party as decided by HPCL and the decision of HPCL shall - with regard to the ownership/lease/permissions for the land - be binding and final. Alternatively, the bidder shall have a firm commitment from the land owner for purchase / lease of vacant land at a later date, should the bidder become successful in the bid/tender, the vacant land to be of minimum 10400 Square Meters, suitable for putting up a Plant for filling, stacking and loading packed bitumen at the time of bidding. This commitment must be by means of a written signed agreement on stamp paper of appropriate value and must be duly notarized. The land shall be well connected by all-weather road. The right to take the land on lease must be for at least 5 years plus a renewal option in favour of the lessee/bidder for an additional period of 5 years. All other conditions at the time of submission of bid such as sanctions for use for Commercial/ Industrial purpose, providing of land documents etc and subsequent, inspection of the same, etc. as stated above and elsewhere in the tender shall suitably apply in this case also. In case a bidder who offers land on firm commitment basis is successful and the contract is awarded to him, then he shall enter into the lease agreement/ sale deed and have it registered and take possession of the said vacant land within a period of three months from the date of the award of the Letter of Intent to him. A notarized copy of the said Registered Lease Deed / Conveyance Deed shall be provided to HPCL in proof thereof within the said three months period. In case of

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any failure to do so, then HPCL shall have the right to terminate/ withdraw the LOI

placed on the successful bidder, without any financial implications to HPCL and also to forfeit the EMD.

A. Average Annual turnover of bidder shall be not less than Rs. 7.5 crores, during the preceding three financial years ended March 31, 2012. The bidder should submit audited Profit and Loss statement for the financial years 2009-10, 2010-11 and 2011-12 as proof.

B. Bidder shall submit Solvency Certificate for a value of Rs.5.0 crores from a Nationalized or Scheduled Bank (other than a Cooperative Bank). The certificate should have been issued by the Bank not before one month from the due date of tender or extended due date of the tender.

C. The bidder should have experience of manufacturing or using or handling bituminous or any other petroleum product and/or owning or operating a drum manufacturing or drum filling facility in any three financial years during the last 7 financial years ending March 31,2012.” It may be noted that “transportation” shall not be construed as “handling”. Copy of Invoice or Purchase Order or Certificate from seller or end customer must be attached as proof .

D. 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:

i. controls either directly or indirectly a Party, or ii. which is controlled directly or indirectly by a Party; or iii. is directly or indirectly controlled by a company, legal entity or iv. 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:

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

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

(three) members; iv. an Indian arm of a foreign company.

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

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

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

iii) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the following conditions shall apply: a. Each member in a consortium may only be a legal entity and not an

individual person; b. the Bid shall specifically identify and describe each member of the

consortium; c. 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);

d. One participant member of the consortium shall be identified as the “ member” and contracting entity for the consortium;

e. 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;

f. the prime member shall fulfill each eligibility criteria; g. 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;

h. N o change shall be permitted in the number, nature or share holding pattern of the Consortium members after pre-qualification, without the prior written permission of the Owner.

i. 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.

j. No consortium member shall hold less than 25% stake in a consortium; k. Entities which are affiliates of one another are allowed to bid either as

a sole bidder or as a consortium only;

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l. Any person or entity can bid either singly or as a member of only one consortium.

iv) 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.

Bids not fulfilling the above Pre Qualification Criteria will be rejected.

In addition to above Pre Qualification criteria, bidders are requested to note the following:

With a view to maintain transparency, probity, fairness and integrity, an Integrity Pact 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 Unpriced 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 duly signed Integrity Pact along with the bid, 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 the Integrity Pact.

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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.

HPCL reserves the right to alter/modify/reject/accept any terms in this tender without assigning any reason. This tender is covered by the Grievance Redressal Mechanism which is published at HPCL website: www.hindustanpetroleum.com.

For information regarding the tender, the following persons may be contacted :

Related to the scope of the tender : Mr. Subir Somaddar Chief Manager – Bitumen Sales Tel No: 022 – 23783703 Related to tender finalisation : Ms. S Aruna Murthy Manager – Purchase DSBU Tel No.: 022 – 22637211 Thanking you, Very truly yours

H Padmanabhan Chief Manager –Procurement DS

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Attachment 3

TENDER TERMS AND CONDITIONS

Bidders are requested to note the following with respect to the submission of the 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.

Sealed envelope (with tender number super-scribed) containing the EMD (Original BG/ Original DD) and signed and sealed 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 before the due date and time.

If EMD (Original BG/ Original DD) and signed Integrity Pact is not submitted on or before tender due date & time in physical form, your quotation will be rejected.

� Please note that queries related to scope of job, tender specifications, terms & conditions etc. should be posted on E Procurement Platform latest before the 4 days of due date/extended due date.

GENERAL INSTRUCTIONS FOR E-PROCUREMENT :

This is an e-tender and bids are to be submitted on-line only at tenderhttps://etender.hpcl.co.in. Response in any other form shall not be accepted. While on-line bidding, bidders would be required to upload the scanned copy in PDF-format of EMD instrument. (or exemption proof if applicable). 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. � For New Vendors/ First time Users: The process of e-registration in HPCL e-procurement portal https://etender.hpcl.co.in involves following steps ;

a) Clicking on enrolment option available at above referred site and selecting desired user id, password, email id, company name & submitting.

b) After submitting the details, a challenge phrase from HPCL server will be sent 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,

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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.

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:

1. Shri H Padmanabhan, Ch.Manager Procurement – DS Tel No:022-22637217 E-mail: padmanab@hpcl.co.in After approving the registration, bidder will be in a position to participate e- tender inquiry.

� Please note, for vendors to respond to the tenders which will be published through our website they have to take digital certificate (which is must for online bidding), 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.

For any queries related to registration on e-procurement portal/ Digital certificate, you may contact following our service provider;

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.

GENERAL INSTRUCTION FOR SUBMISSION OF E- TENDER :

The tenderers are required to submit their offer in two parts, namely “Unpriced Bid and Priced Bid”. Unpriced Bid has to be scanned and uploaded on E Procurement site in appropriate Envelope whereas Priced Bid has to be filled online. Further, 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. Notes : 1) Tenderer is advised to visit website tender https://etender.hpcl.co.in. and download

tender document. One copy of Tender Set, duly signed, stamped and filled should be scanned & uploaded on E-Proc site (except price bid) failing which quotation may be rejected.

2) Tenderer has to fill & submit the price bid online only. 3) All entries and rates in the tender must be clear.

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4) Tenderer is requested to scan and upload entire tender set (duly filled and signed) along with their offer at provided place (Except Priced Bid)

5) If EMD (BG/ DD) is not scanned & uploaded along with Technical/Unpriced Bid & original EMD and Integrity Pact physically not submitted before due date and time, your quotation will be rejected.

6) Late tenders / delayed tenders (EMD and IP) received after the stipulated last date & time for receipt of tenders, due to any reason including postal delay, will not be considered.

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.

1.Unpriced Bid

The following documents – duly signed and stamped by the bidder should be a part of the Unpriced Bid: A. Bidder details duly filled in

B. Details of Land and proof of (a) possession of land or (b) of firm commitment of land

C. Site plan of land.

D. Solvency Certificate

E. Audited Profit and Loss statements for last three financial years ended March 2012

F. Acknowledged copies of Income Tax returns for previous three years.

G. PAN Copy

H. Declarations A-E on firm’s letter head

I. Documents showing constitution of the Firm

J. Power of Attorney in favor of person signing this tender

K. Road map showing your proposed plant location from HPCL Mumbai New Black Oil Terminal (indicating the distance as well).

L. Proposed/existing Layout plan of Plant and facilities along with other infrastructure/Bar Chart for commissioning (for proposed plant)

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M. Tender documents should be duly signed and stamped and returned with the Unpriced bid.

N. Service Tax registration certificate (if claiming service tax)

O. Experience Certificate as per PQ criteria

HPCL reserves the right to call for any further document at its sole discretion for a proper and complete evaluation of the bids submitted. All bids must be filled in English only. Earnest Money deposit (EMD) : EMD shall be Rs. 35.00 Lakhs/- (Rupees Thirty five lakh Only) payable by Demand Draft in favor of Hindustan Petroleum Corporation Limited or Bank Guarantee (Format enclosed) from a Nationalized bank or Scheduled bank (other than co-operative bank). Offer without EMD will be summarily rejected. EMD should be enclosed along with Unpriced bid. PSUs are exempt from payment of EMD. All other bidders, except PSUs, are required to make payment of EMD to be eligible to participate in the Tender. The Bank Guarantee for EMD should be valid for a period of eighteen months from the due date of tender or extended due date of the tender. Cheques / Cash will not be accepted. No interest shall be paid on the EMD. Cheques and / or request for adjustment against any pending dues / bills will not be accepted as EMD and any Tender with such cheques/requests shall be treated to have been received without EMD and shall be rejected. EMD would be refunded only after finalization of the tender and on surrender of the original cash receipt issued by the Corporation (in case of DD payment). In case of successful Bidder the EMD would be refunded only after completion of all the formalities i.e. signing of contract and submission of requisite security deposit and product guarantee.

EMD is liable to be forfeited if the Bidder: • Modifies / withdraws the offer during the validity period of 150 days from the due date

or extended due date of the tender. • Does not acknowledge receipt of LOI from within fifteen days of date of LOI. • Is unable to register the land lease and take possession of land within three months of

date of award of LOI (in case of bidders who offer land on Firm Commitment basis) • Is unable to make the facilities ready for operation within the stipulated time after

issuance of Letter of Intent. • Refuses to sign the contract Agreement after award of contract by the Corporation • Does not furnish the Security Deposit, product guarantee or Submit Indemnity Bond of required amount Priced Bids Priced Bids, duly filled in with Price details should be filled on line in the E Proc system only, enclosed in envelope (meant for Priced Bid).

Tenders received late after the due date and time for any reason whatsoever - including postal delays will be rejected forthwith.

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Tenders received unsealed / incomplete in any respect, are liable to be rejected. Counter Conditions by Bidder are not acceptable. Any tender not conforming to the terms and conditions prescribed in the tender document is liable to be rejected outright. Contractor’s quoted rates shall be inclusive of all taxes, levies, duties, labour, materials, consumables, water & electricity charges, land lease charges, all administrative overheads/salaries, profits etc. Service tax if applicable shall be paid extra subject to the same being quoted in the price bid and also production of documentary proof. However any local levy or cess or octroi on Bulk Bitumen or empty MS Barrels or the filling/handling activity per se will be added to the quoted rates of the party in calculating the overall financial outgo to HPCL and ranking of bidders will be done on that basis. For this purpose, the average Basic Rate of Bulk bitumen of VG 10 and VG 30 – I.E.Rs.36893/-per MT and that of Empty Barrels and lids/MT (basis landed rate in Mumbai Refinery) of Rs. 2967/- per MT on date of publishing this tender will be considered. Hence Bidders are required to quote the Octroi or local levies in percentages in the Unpriced bid of the tender document, against receipt of bulk bitumen or empty MS barrels or the packing/handling activity ,if any. In case a Bidder does not indicate the details regarding such local levy or any other cess or octroi in the tender document and if it is discovered that such local levy or cess or octroi existed (in the location where the Plant is proposed) as on date of unpriced bid opening, then HPCL reserves the right to deduct such levies/cess or octroi from the payment against bills due to the Contractor or Security Deposit during the entire duration of the Contract period. The Bidder is expected to quote in accordance with the terms and conditions of the Tender. Over Writing should be avoided. Corrections, if any, should be initialed by the Bidder. In case Bidder desires to submit any Deviation, the same should be indicated clearly in the Deviation sheet. In case if the Deviation is not stated in the Deviation Sheet, such deviation stated anywhere else in the unpriced bid submitted may not be considered. Corporation reserves the right to accept or decline any proposed Deviation. All pages in the submitted tender document and attachments must be serially numbered and details shown as an Index in the covering letter. QUOTE IN WORDS AND FIGURES. IF THERE IS A DIFFERENCE BETWEEN THE TWO, THE QUOTE ADVANTAGEOUS TO THE COMPANY SHALL PREVAIL. If Priced Bid is not in line with the format accompanying this document, the bid is liable to be rejected. Unpriced Bids will be opened on due date at stipulated time on-line. The Bid shall be signed by legally authorized representative of the Bidder entering into commitment on behalf of the Bidder. A Pre Bid meeting will be held on 30.01.2013 in the Canteen Hall, HPCL, Hindustan Bhavan, 8, Shoorji Vallabhdas Marg, Mumbai 400001 at 15.00 Hrs. and bidders are encouraged to seek all clarifications that they may require as regards the tender conditions/ requirements. Further, training session shall be held on bidding on our E procurement platform during the prebid meeting.

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Attachment 4 SPECIAL TERMS AND CONDITIONS

Scope of Work This Scope of Work herein is a brief description for general understanding of all bidders. However, Contractor has to carry out all activities from receiving the bulk bitumen delivered to the Plant from Mahul Terminal (through Company nominated transporters), packing and making invoice for sale/stock transfer to customers/ other depots of HPCL. The Workto be done by the Contractor involves following activities:

1. Receive and unload the bulk bitumen received from HPCL Mahul Terminal by tank

trucks, grade-wise into storage tanks at the Plant. Receive empty drums and lids at the Plant and store it safely. Ensure no ingress of any extraneous material in the empty drum.

2. Provide drum filling facility for two grades of Bitumen; i.e VG - 10 grade &VG – 30 grade. The capacity of drum filling machine should be adequately designed to cover the peak daily requirement. The drum filling machine as well as the Weigh Bridge/scales should be stamped by the Department of Legal Metrology.

3. Fill bitumen of stipulated weight (presently 161.8 Kg net +/- allowable limits as per

Weights and Measures act) in drums. Filling accuracy must be maintained by the Contractor at all times.

4. Cap the drums with lids and seal them properly.

5. Stack the filled drums neatly and as per instructions of HPCL. It is expected that

filled barrels will be stacked grade wise on FIFO (First in first out) format. All the drums shall be protected from corrosion and ingress of water and any foreign material in the product. The drums should be stored on a firm surface (concrete or asphalted). Alternatively, the drums can be stored on wooden pellets also.

6. Preparing bills/invoices in the ERP system of HPCL (HPCL’s official software – presently JD Edwards) for supplies to various customers or Stock transfer advices (TOA) for shipments to HPCL depots. Under no circumstances, deliveries can be made to any customer or depot without proper documents issued from our official software.

7. Collecting payments from customers and depositing the same in HPCL nominated bank in the name of HPCL immediately as per HPCL approved terms and conditions. (Note: Failure in doing so shall prompt HPCL to charge an interest @ 18% per annum for delayed period till the instrument is deposited in the bank. Any discounts/ credit to dealers given by Contractor shall be based on written authorization from Chief Manager – Bitumen, HQO. In case it is found that Contractor has extended unauthorized credits/ discounts or unauthorized shipments of products out of Plant without payment, the value of such discounts/ credit/ cost of product shall be recovered @ 150% of the value of such discounts/ credit/ cost of product from Plant Contractor.)

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8. Loading of barrels in trucks as per the orders released by HPCL.

9. To carry out daily reconciliation of number of empty drums & lids received, number of drums filled and sealed, quantity of packed drums dispatched and quantity of bulk bitumen received, quantity of bitumen in storage in Plant,quantity of bitumen packed in drums, and submit daily statement to HPCL. Inventory records of empty drums and lids and of bitumen must be kept available for inspection by HPCL officer anytime.

10. It may be noted that arrangement to supply bulk bitumen, empty bitumen drums &

caps shall be made by Company. Contractor should receive and unload the bitumen into respective tanks for that grade. Contractor should receive and unload the bitumen drums and lids also. Each drum should be visually checked for any leakage. 10% of the drums of each truck should be pressure tested at 0.4kgf/sqcm for checking any leakage in the drums. Bitumen drums should be neatly stacked after checks for establishment of any defects or shortages in the barrels or lids received from suppliers and recording the same on the transporter’s challan and obtain endorsement of the driver/transporter’s representative also and keeping a record of the same in a register. Such shortages or defects should be immediately brought to the attention of HPCL. Similarly any shortage of bulk bitumen at time of receipt of bulk bitumen tank trucks must be noted on the transporter copy of the invoice and the endorsement of the driver must be obtained. A record of such shortages must be maintained.

11. Contractor will carry out frequent inventory checks after receipt of products and

deliveries to customers to ensure that physical stocks are in line with book stock as per JDE system. Monthly cycle count will be carried out on first day of every month before commencing receipt and deliveries. Any variation to be reconciled and reported to officer in charge of HPCL. Any loss arrived between book stock and physical stock will be debited from the monthly bill of the Contractor at list price of previous supply to the Contractor.

12. It should be clearly understood that the products supplied to the Contractor is the

property of HPCL. Contractor shall be fully responsible for safety/ security of stocks. HPCL shall not entertain any claim on account of leakages during storage/handling of barrels or bitumen except defects/shortages booked at the time of receipt of product for empty barrels or bulk bitumen as per laid down procedure of the company. Decision of HPCL shall be final & binding in all cases of shortages.

13. Contractor is fully responsible for safe keeping/handling of the products after

receipt in the Plant. Any loss or damage for any reason like pilferage, shortage, theft, accident, contamination etc. found during warehousing after receipt of product, would be debited to the Contractor at amount equivalent to list price of the previous supply to the contractor & recovered from monthly bills of Contractor. In the event of claim amount exceeding monthly bill in any month, Contractor shall forthwith pay the same within 7 days of receiving a demand from HPCL.

14. Carry out all necessary liasoning work with statutory authorities like, Sales tax,

Labour commissioner, Weights and measures, Nagar nigam/Gram panchayat, Industry dept, Factories Deptt. and all other Govt. departments on behalf of HPCL.It will be responsibility of Plant Contractor to arrange/ obtain all required licenses/ permits necessary to commission and operate the Plant.

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15. Carry out day to day liaisoning with the supply locations/depots/Controlling Regional Office for receipt/dispatches and connected activities. Contractor would also be required to generate necessary MIS to be provided to Officer In-charge /Regional office on Sales/ Stocks / Accounts / Inventories etc for effective control & operations of the plant.

16. Promptly and immediately report to HPCL all accidents, incidents, theft, pilferage, fire, etc. within 1 (one) hour of coming to know of the same.

17. Help and assist HPCL in any investigation or audit or checks including regarding

inventory of bitumen, drums or lids, bank accounts, receipts of money from dealer, or in the event of any eventuality or accident or incident.

HPCL SCOPE

1. HPCL shall make following monthly payments to the Contractor: a. An amount as agreed during the negotiation / award of contract (Rs. Per MT) for the quantity filled and accounted for in the filled bitumen inventory. Net weight of product filled will be considered for payment. b. Payment would be made against bills to be raised by the Contractor on monthly basis after deducting for any stock loss and any other claims of HPCL. Contractor shall submit the monthly stock statement duly certified by HPCL official together with bill before 7th of every month for the previous month. Monthly payment shall be paid by HPCL within fifteen days from the date of receipt of bill after due verification. c. Applicable Tax like TDS etc would be deducted from the vendor from such monthly payment. 2.HPCL shall ensure that it shall give the quarterly schedule on time before 15 days of start of each quarter. 3. HPCL shall ensure that the bulk bitumen and empty drums and lids are delivered in appropriate quantities and in a timely manner to enable the Contractor carry out filling activities. 4. HPCL shall take insurance cover under its Mega Insurance policy for the estimated average value of the product inventory in the Plant. Projected Volumes against this contract The total projected volume of filling over the next eight years against this contract is as shown in the table hereunder :

2013-14

2014-15 2015-16

2016-17 2017-18

2018-19 2019-20

2020-21

140 TMT 145 TMT 146 TMT 150 TMT 152 TMT 155TMT 156 TMT 156 TMT

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The aforesaid projections are merely indicative figures – based on current estimates. HPCL does not guarantee that these volumes would actually materialize and hence does not undertake in any manner to the successful bidder(s) that these volumes represent any commitment from HPCL side. No liaibility or financial implication shall be passed on to HPCL on account of such volumes not materializing.

COMPLETION PERIOD

The successful Contractor shall be issued a Letter of Intent which has to be duly acknowledged within 15 days from the date of LOI. Depending upon the category of the offer of the successful bidder, the activity as well the respective date of completion from date of issuance of LOI shall be as shown in the table hereunder. Sl Acitivity Category of Bid Offer

Existing Plant

Land available on owned or registered leased basis - Plant to be put up

Land offered on Firm Commitment basis - Land to be taken on lease/ownership and plant to be put up

1

Registration of Land and submission of Lease deed or Conveyance deed

Not Applicable Not Applicable

3 Months from date of LOI issue

2

Completion of construction and commissioning of Plant in all respects

Not Applicable

4 months from date of LOI issue 6 months from Date of LOI issue extendable by another 2 months at sole discretion of HPCL provided progress of at least 75% is achieved at the end of 6 months. HPCL shall be the sole judge to determine the extent of progress

7 Months from date of LOI issue 3 months as stated in above cell plus 6 months from date of LOI issue extendable by another 2 months at sole discretion of HPCL provided progress of at least 75% is achieved at the end of 6 months. HPCL shall be the sole judge to determine the extent of progress

3 Commencement of supplies

Immediate (not more than 7 days of issuance of LOI)

4 months from date of LOI issue

6 months from Date of LOI issue plus 2 months if extended.

7 Months from date of LOI issue

9 months from date of LOI issue plus 2 months if extended.

Contractor shall mobilize all Plant, Equipment, Machinery and Manpower and commission within the completion period as brought out in the table. The Agreement shall be signed upon completion of installation of the Plant in all respects.

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Liquidated Damages: If the plant is not completed within stipulated time frame from date of LOI issue as stated in table (in previous paragraph) due to reasons attributable to contractor, Corporation shall have the right to cancel the LOI and forfeit the EMD. In such an event, the Contractor shall not have any claim for damages or compensation against HPCL. DRAWING AND PROJECT BAR CHART: Contractor shall provide along with the Unpriced bid, a drawing showing the layout of the Plant and Project Bar chart. Contractor will also state the specifications of the equipments proposed to be installed. Any changes proposed by HPCL to the Layout drawing or equipment specification should be incorporated by the successful bidder before commencement of the plant construction. Successful bidder should also submit a Bar chart showing the various activities and the schedules attached to those activities. This shall include physical commissioning and obtaining all the required licenses. Successful bidder shall also take all care of Safety, Health and Environment norms at time of commissioning of the Plant.

Indemnity Bond The successful Bidder should provide an Indemnity Bond for a value equivalent to the cost of the Bitumen (Bulk and packed) and empty barrels and lids given for filling operation by HPCL, which is stored in their plant (as per format provided on a stamp paper of requisite value. The Indemnity Bond has to be executed by Contractor for a value of Rs.23.32 Crores on appropriate stamp paper.

SECURITY DEPOSIT Security Deposit equivalent to 1% of basic value of order, will be submitted by successful tenderer to our Disbursement Section (Payment Authority). 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 the successful tenderer fails to supply or fulfill any of their contractual obligations Product Guarantee Successful Bidder would be required to furnish a Guarantee for the Inventory Holding in the form of Bank Guarantee (format enclosed). The Bank Guarantee for Rs. 4.3 crores (Rupees Four crores thirty lakhs only) should be drawn on any Nationalised/Scheduled Bank other than co-operative banks and must be valid for a period of 51 months from the date of signing of the Agreement.

The BG must be submitted on or before signing of the Agreement towards commissioning of facility. The Packing & Filling Agreement shall be signed upon completion of the following: • Completion of Plant in all respects (as certified by inspecting team from HPCL) • Furnishing of Security Deposit and Product Guarantee of requisite value.

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• Furnishing of Indemnity Bond for a value of Rs.2332 Lakhs. Contractor will be entrusted with the job of bitumen barrel filling/storage/loading only after signing of the Agreements for Packing &Handling is completed. Payment terms: Payment towards Filling/packing bitumen will be released after the same is accounted in the filled barrels inventory (as per the Number of barrels multiplied by 161.8 Kg per barrel). Such payment will be on the net bitumen filled (calculated on MT basis) in barrels and accounted for. Other points with regard to Payment could be noted hereunder:

a. HPCL shall make payment to the Contractor, as per Schedule of rates. Service

tax if applicable shall be paid extra subject to documentary proof on Filling.

b. The quoted rate for packing of bitumen in drums shall remain firm for a period of one year from the date of award of contract. The date of signing of the Agreement shall be deemed to be the date of award of contract. The basic rate from the second year onwards shall be escalated annually to a tune of 5% over the basic rate prevailing during the previous year. This year on year escalation shall be applicable for the entire duration of the initial contract period of four years and for the renewed period of four years (in case of renewal of contract).

c. Contractor shall submit the bills on monthly basis with all relevant documents to HPCL's nominated Officer-In-Charge. The payment for the same shall be made through NEFT within 15 days of receipt of the bill. Contractor should furnish all details for release of payment through NEFT at time of signing the Agreement.

d. The controlling office for the payment will be office of Chief Manager Bitumen,

HPCL,R&C Building, Mumbai. The Corporation reserves the right, at it’s sole discretion and without assigning any reason whatsoever to

1) Negotiate with any or all tenderer(s) 2) Divide the work among tenderers, 3) Reject any or all tenderers either in full or in part, 4) Engage additional contractors at any time without giving any notice whatsoever to the contractor/s already appointed against this Tender.

GST:

" All taxes, duties, including Cenvat Credits of Excise / Service Tax and Input Tax Credits of VAT are subject to implementation of GST. Effective the date of GST implementation, GST, i.e. CGST, SGST or IGST as applicable, will be payable to the successful tenderer. Further any Input Tax Credit available to the successful tenderer on account of GST shall be passed on to HPCL, by way of reduction in price. If necessary a Chartered Accountant's Certificate shall be obtained to that effect".

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Attachment 5

BIDDERS DETAILS Bidders should provide following information: 01. Name of the Firm

02. Nature of the Firm (State whether Limited Company, Partnership, Co-op. Society or Sole Proprietor, photocopies of documents confirming constitution of the firm to be enclosed)

03. Year of Establishment

04. Registration Number, if any

05. Registered Postal Address

06. Telegraphic Address, if any

07. Telephone No.(s)

08. Address of Branches, if any

09. Name of Directors / Partners/ Proprietor as the case may be with address & Telephone nos.

10.

Permanent Income Tax No.

11. Income Tax Returns, Ack. Copy for previous three years(Attach Photocopy)

12. Name of Bankers & Branch with full address

13. Names(s) of Authorised Representa -tives (s) Note : Power of Attorney signed by all Directors / Partners / Proprietor in favour of authorised person signing the tender documents must be enclosed

14. Are you associated with HPCL in any other contract in the past

15. Are you currently having any contract with HPCL

16. Please confirm that you have qualified / trained / experienced staff on your Roll to handle this job

17. Furnish Power of Attorney / Board Resolution authorising the signatory to represent the Firm and sign and commit on behalf of firm.

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18. Offer is valid for 150 days ? Yes/No 19. E-Mandate already updated with HPCL Yes/No. If not, pl submit e-mandate Form. 20. Deviation Sheet filled? Yes / No. 21. Please confirm your offer against this Yes / No. Tender is for full quantity 720 TMT (Please note that if the offer is not for full quantity of 720 TMT, your bid will be rejected)

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Attachment 6 LAND DETAILS Location of the Land (clearly Stating the Survey No./CTS No. Block No. and detailed address) : District : Date of acquisition by bidder : Total area (in square meters) : Land Possession type : Owned/Leased (to enclose copies of Ownership/ lease document) Please confirm that all the statutory Approvals from the relevant authorities (including N.A. permission; use for commercial purpose; etc.) is available for Industrial/Commercial use of land : YES/NO If land is Leased, is it for a minimum of five years with an option to extend for another term of five years and duly registered : YES/NO There is a clear approach road Available : YES/NO Name of Current/ previous owner : Please confirm that there is no Encumbrance in the said land by Means of : (a) mortgage or charge : (b) right of way or easement : (c) underground pipelines or please confirm there are no Obstructions : (d) ongoing litigation or dispute as regards title or claim to ownership, Tenancy, tilling rights, possessionary Rights : (A 12 YEAR NIL ENCUMBRANCE CERTIFICATE ISSUED BY THE CONCERNED SUB-REGISTRAR OF LAND/ ASSURANCES MUST BE ATTACHED BY THE BIDDER FOR THE OFFERED LAND ALONG WITH THE BID) Distance from HPCL Mahul Terminal, Mumbai by shortest road distance (Attach sketch of road map) in Kms :

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Name of nearest Railway Station with rake loading facility and one-way distance from plant in Kilometres : I / WE do hereby certify that the information as provided above is correct and true in all respects and further certify that to the best of our knowledge, the land is suitable in all respects for putting up the facility. SIGNATURE _____________________ NAME ______________________ SEAL BIDDER’S NAME & ADDRESS DATE

Note for Bidders offering Land on Firm Commitment Basis

Bidders who wish to offer land on "firm commitment" basis, are required to enter into an agreement for evidencing the firm commitment and drafts of the Agreement for proposed Sale or a proposed Lease are enclosed to this bid document as Annexure 6A and 6B respectively. Bidders are free to depart from the draft agreements stated above, as long as it is clear that (a) there is a firm commitment to enter into lease or sale (b) the land is clearly described and identified (c) it is suitable for the purpose for which the bid is made (d) there are no mortgages or other encumbrances on the same (e) the commitment must be legally enforceable and clauses to that effect must be there in the agreement and (e) the said commitment, in case of a lease, is for a period of 5+5 years, the extension/ renewal period being at the sole option of the bidder.

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Attachment 6A AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and executed on this the day ____________ of _____________ , 2013

BETWEEN

Sri. __________________s/o._____________________ aged __________ years, residing at_______________________________________________ hereinafter called the "Proposed SELLER" (which expression shall mean and include her legal heirs, successors, successors-in-interest, executors, administrators, legal representatives, attorneys and assigns) of ONE PART.

AND

Sri. __________________s/o._____________________ aged __________ years, residing at_______________________________________________ hereinafter called the "Proposed PURCHASER" (which expression shall mean and include her legal heirs, successors, successors-in-interest, executors, administrators, legal representatives, attorneys and assigns) of the OTHER PART.

Hereinafter the Proposed SELLER and the Proposed PURCHASER shall be collectively referred to as “Parties” and individually as “Party”

WHEREAS the Proposed PURCHASER wishes to submit bid for tender no.__________

as floated by Hindustan Petroleum Corporation Limited for “Contractor Built, owned and Operated Bitumen Packaging & handling Plant in and around Mumbai” and as a part of the tender terms and conditions the bidder should have a firm commitment from Land owner for sale of vacant land.

AND WHEREAS the Proposed SELLER is absolutely seized and possessed of or otherwise well and sufficiently entitled free from all encumbrances to the piece of non-agricultural land bearing Plot No. ................. in Survey No. __________ situated at ………………….................. admeasuring ________ sq meters, more particularly described in the Schedule hereunder written, delineated by red colour boundary; and hereinafter referred to as the "said premises" or the “Schedule Property”.

AND WHEREAS the said premises more fully described in the schedule is the property of the Proposed SELLER who became the lawful and complete owner of the same with full rights to sell, transfer and otherwise dispose of the same in the following manner: _______________________________________________________ (if it is through a sale deed/agreement, then add the words, “and the said sale deed/agreement is registered as Doct. No.____of__________Book 1 Volume No _____ Pages ______ to ________ , registered on ________ and filed on the file of the Sub-Registrar, __________.”)

AND WHEREAS the Proposed SELLER is the absolute owner of the property and he has been enjoying the same with absolute right and he has clear and marketable title to the Schedule Property.

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AND WHEREAS the Proposed PURCHASER wishes to purchase the Schedule Property for construction of a bitumen facility thereon which will be used for his industrial purpose for packing and handling of bitumen drums and barrels of Hindustan Petroleum Corporation Limited or for any other similar industrial purpose or activity.

AND WHEREAS the Proposed SELLER being in need of funds for the purpose of______________ has decided to sell the property more fully described in the Schedule hereunder and the Proposed PURCHASER has offered to purchase the same.

AND WHEREAS the Proposed SELLER offered to sell and transfer the Schedule Property to the Proposed PURCHASER for a sale consideration of Rs. ____________(Rupees _____________________ only) and the proposed PURCHASER herein has agreed to purchase the same for the aforesaid consideration on the following terms and conditions:

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Sale consideration of the Schedule Property is fixed at Rs.___________ (Rupees only).

2. The proposed PURCHASER has paid a sum of Rs.__________ (Rupees only) by cash/ cheque /D.D. bearing No___________ drawn on _________ dated____________ as advance, the receipt of which sum the Proposed SELLER hereby acknowledges.

3. It is hereby agreed between the Parties that if the Proposed PURCHASER is (a) not declared as a successful bidder by Hindustan Petroleum Corporation Limited, or (b) the land is found as not suitable by Hindustan Petroleum Corporation Limited for the purpose of setting up the Bitumen Facility, then the Proposed BUYER may withdraw from this sale arrangement and has the right not to purchase the Schedule Property from the Porposed SELLER. However, in such an event, an amount of Rs___________ which is paid as an advance by the Proposed PURCHASER shall be forfeited by the Proposed SELLER, absolutely and forever and shall not be refunded back to the Proposed PURCHASER and this Sale Agreement shall be cancelled by the parties.

4. The Proposed SELLER hereby agrees that this offer/commitment to sale shall be valid for a period of eight months and if the sale deed is not signed between the parties within the period of eight months from the date of execution of this Agreement, then the Proposed SELLER shall have a right to treat this Agreement as null and void and to sell, transfer, dispose of or deal with the Schedule Property to any third party or any other manner without any obligations towards the Proposed PURCHASER.

5. The balance payment of Rs._________ (Rupees____________________ only) will be paid by the Proposed PURCHASER to the Proposed SELLER at the time of execution of the Sale Deed and thus completing the Sale transaction.

6. The Proposed SELLER confirms with the Proposed PURCHASER that he/she has not

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entered into any agreement for sale, mortgage or exchange whatsoever with any other person relating to the Schedule Property of this Agreement.

7. The Proposed SELLER hereby agrees that he/she shall pay all taxes, assessments,

dues and duties payable in respect of the schedule Property upto the date of completion of the Sale Deed and registration of the same.

8. The Proposed SELLER hereby assures the Proposed PURCHASER that he/she has

absolute power to convey the Schedule property and there are no encumbrances, liens, charges, Government dues, attachments, acquisition, or requisition, proceedings etc.

9. The Proposed SELLER agrees to put the Proposed PURCHASER in absolute and

vacant possession of the schedule property immediately after executing the sale deed and registering the same in the jurisdictional Sub-Registrar's office.

10. The Proposed SELLER covenants with the Proposed PURCHASER that he/she shall

not do any act, deed or thing creating any charge, lien or encumbrance in respect of the Schedule Property during the subsistence of this Agreement.

11. The Proposed SELLER has specifically agreed and covenants with the Proposed

PURCHASER that he/she shall do all acts, deeds and things which are necessary and requisite to convey absolute and marketable title in respect of the Schedule Property in favour of the Proposed PURCHASER or his nominee.

12. It is agreed between the Parties that all expenses towards Stamp Duty and

Registration charges shall be borne by the Proposed PURCHASER only.

13. The Proposed PURCHASER shall have the right to nominate or assign his right under this agreement to any person / persons of his choice and the Proposed SELLER shall execute the Sale Deed as per terms and conditions of this Agreement in favour of the Proposed PURCHASER or his nominee or assignee.

14. The Proposed SELLER has agreed to get consent deed duly executed to this Sale

transaction from his wife/her husband, sons and daughters on or before date of registration of Sale Deed and assured that they all join to execute sale deed in favour of the Proposed PURCHASER.

15. It is hereby expressly provided and agreed by the Parties hereto that both Parties

are entitled to enforce specific performance of the agreement against each other in case of breach of any conditions mentioned in this Agreement.

16. The original of the "AGREEMENT" signed by both the Parties shall be with the

Proposed PURCHASER and copy of the same similarly signed shall be with the Proposed SELLER.

17. The Proposed PURCHASER shall bear the stamp duty, registration charges and other expenses in respect of this Deed. The Proposed PURCHASER shall bear and pay all other costs incurred by him including his Advocate's fees.

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SCHEDULE

All that piece or parcel of land admeasuring ____ sq. meters (_____ mtrs front x _________mtrs depth) or thereabouts under Survey/Gat/Khasra/Plot No.___________ situated at Village ____________, Sub-district/Taluka __________, Dist. ___________ and delineated on the plan hereto annexed and surrounded by a red colour boundary line and bounded in the following manner: -

North side : bounded by _________________

South side : bounded by _________________

East side : bounded by _________________

West side : bounded by _________________

IN WITNESS WHEREOF the Proposed SELLER and the Proposed PURCHASER have signed this Agreement of Sale on the day month and year herein above mentioned in the presence of the witnesses:

PROPOSED SELLER

WITNESSES:

1.

2.

PURCHASER

WITNESSES:

1.

2.

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Attachment 6B

DRAFT AGREEMENT TO LEASE LAND FOR CONSTRUCTION OF BITUMEN FACILITY

THIS AGREEMENT to lease made at ............ on this .............. day of ................... 2012,

between:

A, aged ___ years, being son of _______________ and resident of .............................

hereinafter referred to as "the proposed Lessor" of the ONE PART;

and

B, aged _____ years, being son of .................... ....... resident of ..................................

hereinafter referred to as "the proposed Lessee" of the OTHER PART.

Hereinafter the proposed Lessee and the proposed Lessor shall be collectively referred to

as “Parties” and individually as “Party”

WHEREAS the proposed Lessee wishes to submit bid for tender no. ________________ as

floated by Hindustan Petroleum Corporation Limited for “Contractor Built, owned and

Operated Bitumen Packaging & handling Plant” and as a part of the tender terms and

conditions the bidder should either have land which is owned or leased to them or have a

firm commitment from the Land owner for lease of vacant land.

WHEREAS the Proposed Lessor absolutely owns, is seized and possessed of or

otherwise well and sufficiently entitled, free from all encumbrances to a piece of non-

agricultural land bearing Plot No. ................. in Survey No. __________ situated at

………………….................. admeasuring ________ sq meters, more particularly described in

the Schedule hereunder written, delineated by red colour boundary; and hereinafter

referred to as the "said premises".

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AND WHEREAS the Proposed Lessee has requested the proposed Lessor to grant

lease of the said premises for construction of a Bitumen Packaging & handling Plant

thereon which will be used for the industrial purpose of packing and handling of bitumen

drums and barrels of Hindustan Petroleum Corporation Limited or for any other similar

industrial purpose or activity.

AND WHEREAS the Proposed Lessor has agreed to grant lease of the said premises

on the terms and conditions hereinafter appearing.

NOW THESE PRESENTS WITNESS and the Parties hereby mutually agree as follows:

1. The Proposed Lessor agrees to demise to the proposed Lessee and the Proposed

Lessee agrees to take on lease the piece of land bearing Plot No. ..................

situated at ……………………............................admeasuring _______ sq. meters ( more

particularly described in the Schedule hereunder written, and hereafter referred to

as “the said premises”) to hold the said premises together with all ways passages,

lights, drains, sewers, water courses, rights easement advantages and

appurtenances whatsoever to the demised premises belonging or therewith usually

held or enjoyed, for a period of 5 years which may be further renewed for another

term of 5 years at the sole option of the proposed lessee at a yearly rent of r

.................. to be paid in advance from the date of the Deed of signing of a Lease

Deed.

2. The proposed Lessor hereby confirms that this firm commitment to lease the said

premises to the proposed Lessee shall be valid for a period of eight months i.e. if

the proposed Lessee in declared as a successful bidder by Hindustan Petroleum

Corporation Limited, then the proposed Lessor shall enter into a firm Lease for a

period of 5+5 i.e total of a max. of 10 years with the proposed Lessee - within a

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period of one month from the date the proposed Lessee asks the proposed Lessor

to enter into the Lease Deed and shall sign, execute and register the Lease Deed

within the said period of one month. As a consideration of this firm commitment

the proposed Lessee hereby agrees to pay the Proposed Lessor an amount of Rs.

_____________ . This consideration will not be returned to the proposed Lessee if the

proposed Lessee does not enter into the Lease Deed. In case the proposed Lessor

fails to execute and register the Lease within the said period of one month, then

the proposed Lessor shall be liable to pay damages to the proposed Lessee which

shall amount to Rs. ______________________ .

3. The term of the lease (i.e. for the period of 5+5 years) shall begin from the date of

issue of Letter of Intent by Hindustan Petroleum Corporation in favour of the

proposed Lessee.

4. The proposed Lessee shall also be liable to pay the taxes, assessment dues and

duties payable in respect of the said premises and the building constructed

thereon to the Municipal Corporation of .................. Government of ................ or

any local or other authority after the date of execution of the Lease Deed. The

proposed Lessor shall pay all taxes, assessments, dues and duties payable in

respect of the said premises upto the date of execution of the lease.

5. The proposed Lessee hereby agrees to pay all charges for water, gas or electricity

consumed in or upon the said premises as shown by the separate meter or meters

thereof and to pay the rent of such meter or meters.

6. The Proposed Lessor shall make out clear and marketable title to the said premises

to the proposed Lessee free from all encumbrances, mortgage, charge, lien,

claims or reasonable doubts.

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7. The Proposed Lessor shall produce or cause to be produced to the Proposed

Lessee or his Advocate the documents of title in his possession or power in a

respect of the said premises for investigation of title to the said premises.

8. The Proposed Lessor shall grant lease within one month of proposed Lessor making

out a marketable title as aforesaid or the proposed Lessee accepting the title of

the proposed Lessor.

9. The Proposed Lessor shall complete the transaction by entering and entering into a

firm Lease Deed containing covenants and stipulations as are herein contained

within a period of three months from the date hereof and shall hand over the

vacant possession on the date of completion of the said premises to the proposed

Lessee.

10. The proposed Lessee shall be at liberty to construct, fix, erect and maintain in or

upon or fasten to the said premises office and trade fixtures and fittings such as

electric fittings, lights and fans and construct buildings, or install equipment’s

without the consent of the proposed Lessors and the proposed Lessee shall be

bound to immediately remove the said fixtures and fittings at the expiration of the

lease or within 15 days thereafter.

11. The Proposed Lessee shall bear the stamp duty, registration charges and other

expenses in respect of the Deed of lease. The Proposed Lessor shall bear and pay

all other costs incurred by him including his Advocate's fees.

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12. If any permission or no objection certificate is required to be obtained from the

Government or local authority for granting the lease of the said premises, the

Proposed Lessor shall obtain the same at his own costs.

13. If the proposed Lessor fails to complete the transaction within the stipulated period

or to make out marketable title to the said premises, the proposed Lessee will have

the option to cancel this Agreement by one month prior notice to the Proposed

Lessor. If the Proposed Lessee fails to complete the transaction, the proposed

Lessor may cancel this agreement by one month prior notice to the proposed

Lessee to that effect.

14. This agreement may be specifically enforced by the proposed Lessee.

15. The other terms and conditions of this agreement are as under:-

a) ____

b) ____

c) ____

SCHEDULE OF THE PREMISES

All that piece or parcel of land admeasuring ____ sq. meters (_____ mtrs front x

_________mtrs depth) or thereabouts under Survey/Gat/Khasra/Plot No.___________

situated at Village ____________, Sub-district/Taluka __________, Dist. ___________ and

delineated on the plan hereto annexed and surrounded by a red colour boundary line

and bounded in the following manner: -

North side : bounded by _________________

South side : bounded by _________________

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East side : bounded by _________________

West side : bounded by _________________

IN WITNESS WHEREOF, the parties have put their respective hands, the day and

year first hereinabove written.

Signed and delivered by the within named proposed Lessor

WITNESSES:

1.

2.

Signed and delivered by the within named Proposed Lessee

WITNESSES:

1.

2.

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ATTACHMENT 7 DECLARATION - A I/We hereby offer the firm rates in the Rate Schedule attached. The Earnest Money Deposit (EMD) of Rs. Lakhs (Rupees … ) has been paid by me / us vide Demand Draft No. ___________________ dated _____________ / Bank Guarantee issued by __________ Bank dated _______________. It is agreed that the said amount so deposited is refundable to us after finalisation of tender in favour of any party and subject to our fulfilling the terms and conditions of this tender. I/We hereby agree to abide and fulfill the terms and conditions set out in conditions of the contract and the Agreement papers as attached, which shall be deemed to form a part of this tender. I / We return herewith the same duly attested on each page in token of my / our acceptance thereof. I/We hereby declare that this tender and your acceptance to be communicated by you to me / us by a letter shall constitute a valid and binding contract between us till such time the final Agreement is signed by us. I/We have noted that the Corporation reserves the right to accept / reject any tender which may / may not fulfill any of the conditions contained above and enclosed Agreement Form, without assigning any reason whatsoever. Yours faithfully, WITNESS : SIGNATURE______________ DATE: NAME : _______________________________ (Signed as Director / Partner / Member / Proprietor) SIGNATURE ________________ NAME OF FIRM ___________________ NAME______________________ ADDRESS: _______________________ PLACE _____________________ _______________________ DATE ______________________ TELE. NO. : _______________________

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DECLARATION - B (The following should be typed on the letter head of the Bidder 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 (artworks, containers, etc. or any other property of HPCL) to any other Contractor/ 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.

5. Any intellectual property arising, accruing or developed during the work shall be in the name of Hindustan Petroleum Corporation Ltd. and we shall do all things necessary to grant and assign the same to HPCL.

In case we are found to be indulging in any of the aforesaid prohibited activities (transfer of intellectual property), HPCL is at their liberty to impose any penal action on us as deemed suitable, besides taking action to terminate the contract forthwith. Place: Signature

Date : Name and designation:

Stamp

------------------------------------------------------------------------------------------------------- DECLARATION .C (The following should be typed on the letter head of the Bidder 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. Place: Signature

Date : Name and designation:

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DELCLARATION D

I/We _________________________ hereby declare/clarify that we have not been banned, blacklisted, holiday listed or de-listed by any Government or quasi Government Agencies or Public Sector Undertakings (Central or State). Date: 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.

DECLARATION E

We declare that we do not have any employee who is related to any officer of the Oil Company/ Central/ State Government.

OR

We have the following employees working with us who are relatives of the officers of the Oil Company/ Central /State Government.

Name of the Employee Name and Designation of

Of the Contractor the Officer of the Oil Company/ Central/ State Government and relation.

1. ________________________________________________

2. ________________________________________________

Strike off whichever is not applicable.

Date: Signature___________________ Name of Person __________________

Signing

Bidder’s name and address

with seal or stamp

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DETAILS OF RELATIONSHIP WITH HPC DIRECTORS, ETC.

Bidders should furnish following details in the appropriate part based on their organization structure.

Organizational structure Part of the form applicable.

Sole Proprietor PART – A

Partnership Firm PART – B

Company Private / Public / Co- operative Society. PART _ C

PART – A

(Applicable where Bidder is Sole Proprietor)

Name:

Address:

State whether Bidder is related to any of the Director(s) of HPC: YES / NO

If ‘ YES ‘ to 2, State the name(s) of HPC Director(s) and Bidder’s relationship with him / her.

Strike off whichever is not applicable.

Date: Signature___________________

Name of Person signing___________________ Bidder's Name and address with seal___________________

PART – B

(Applicable where the Bidder is a partnership firm)

Name of the partnership firm responding to the tender:

Address:

Names of partners:

State whether any of the partner of the Bidder is a Director of HPC: Yes/No

If ‘Yes’ to (4) state the name(s) of the HPC Director(s).

6. State whether any of the partner of the Bidder is related to any of the Director(s) of

HPC:

Yes/No

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7. If ‘Yes’ to (6) state the name(s) of HPC Director(s) & the concerned partner’s (of the Bidder) relationship with him/ her.

Strike off whichever is not applicable.

Date: Signature___________________ Name of Person __________________

Signing

Bidder’s name and address

with seal or stamp

PART – C

(Applicable where the Bidder is a Public/ Private Limited Company/ Co-operative Society)

Name of the Company/ Co-operative Society responding the tender:

2. Address of: (a) Registered Office:

(b) Principal Office:

3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society.

4. Names of Directors of the Company/ Co-operative Society

5. State whether any of the Director Of the Bidder/ Company is a Director of HPC: Yes/No

If ‘Yes’ to (5) state the name(s) of the HPC Director(s).

7. State whether any of the Director of the Bidder Company is related to any of the Director(s) of HPC: Yes/No

If ‘Yes’ to (7) state the name(s) of HPC Director(s) & the concerned Director’s (of the Bidder Co.) relationship with him/her.

Strike out whichever is not applicable.

Date: Signature___________________

Name of Person signing__________________

Bidder's Name and address with seal_________________

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LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if,He / She / They are members of Hindu Undivided family orHe / She / They are Husband & Wife oriii) 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 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

**********************************

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ATTACHMENT 8 DEVIATION SHEET

Tender details Details of deviation

Attachment no. , Clause no. & description

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Attachment 9

Tender No: 12000190-HD-14001

AGREEMENT FOR BITUMEN PACKING & HANDLING THIS AGREEMENT made this _______________ day of ______________ in the year ___________________________________________ between Hindustan Petroleum Corporation Ltd., having its Marketing HQO at 8 Shoorji Vallabhdas Marg, Ballard Estate, Fort, Mumbai – 400001, hereinafter referred to as “The Company” (which expression shall, unless excluded by or repugnant to the subject or context be deemed to include its successors and assigns) of the One Part and ______________________ carrying on business under the name and style of _______________________ at ______________ hereinafter referred to as “The Contractor” (which term of expression shall unless excluded by or repugnant to the subject or context be deemed to include his heirs, executors, administrators and representatives or successors or the partners of the said firm and the survivors of them) of the other part. Whereas the Contractor has established a Plant at __________________ (address) for the purpose of receipt of Bitumen in bulk form, receipt of drums and lids, unloading the bulk Bitumen in storage tanks, packing the bitumen in the drums and sealing it with the lids, keeping the packed bitumen safely and securely and loading the same into trucks and all related and allied facilities for the said activities and purposes. AND WHEREAS for the purpose of proper packing & distribution of the Company’s Bitumen to the Company’s customers and depots from the said Plant the Company has decided to appoint a contractor. AND WHEREAS the Contractor owns a Bitumen Packing and Handling facility situated on the land more particularly described in the first schedule hereunder written ( and hereinafter referred to as “The Plant”) for the purpose of receipt, storing of bulk bitumen and packing, handling and distribution of packed Bitumen. AND WHEREAS the Contractor bid for such appointment and the Company agreed to appoint the Contractor for the purpose aforesaid on the terms and conditions stated hereunder and the terms and conditions of the bid/ tender.

1. The Company hereby appoints the Contractor and the Contractor hereby accepts the appointment as the Contractor to receive, handle store bulk bitumen, empty bitumen drums and lids and operate the said Plant at _________________ for packing, handling and distribution of packed bitumen to the Company’s customers and depots only within the area specified by the Company.

2. This agreement shall commence from the ___________ day of

______________________ and shall continue for a period of four years (unless determined by the Company as hereinafter provided). The agreement may on satisfactory performance of the Contractor be renewed for a period of another four years.

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3. The Contractor shall confine himself to delivering Packed Bitumen and related products to the Company’s authorized customer(s) only, within the area allotted to the Contractor. A list of such customers will be provided from time to time and the delivery of Packed Bitumen by the Contractor shall be strictly limited to the said customers or stock transfer to various HPCL locations and the Contractor shall have no right to deliver Bitumen to any persons other than the said customers.

4. All deliveries to be effected by the Contractor to the Company’s customers (including stock transfer to Company’s other locations) shall be in the name of the Company and on behalf of the Company and in invoicing to the customers the Contractor shall use the name of the Company.

5. The deliveries will be made to the Company’s customers against a valid delivery order in the computer software of the Company or stock transfer to Company’s other locations.

6. The Plant belongs to the Contractor and all maintenance and repairs will be carried out by the Contractor. All risk will also be that of the Contractor and he shall be liable to pay all taxes, assessments, cess, etc. on the Plant land and buildings, machinery and equipment.

7. All permits, explosives and other licences will continue to remain in the name of the Contractor and licence fee in this regard will be paid by the Contractor.

8. Except for delivery of the Company’s products to the Company’s customers in terms of this agreement the Contractor shall have no right or authority to incur any obligations or liabilities or enter into any contract or transact any business whatsoever or act in the name and on behalf of the Company.

9. The Contractor shall provide the following facilities at the Plant:

� A suitable piece of land of minimum 10400 Square meters area within a distance of 100km from Mahul terminal of HPCL.

� Facilities for receipt and storage of Bulk Bitumen and all infrastructures required for Bitumen handling including tank truck unloading arrangement at the said location.

�� Minimum 2 Tanks of at least 500 MT capacity each with adequate heating arrangement. The tankage can be revised to have two independent sets of tanks with a total capacity of at least 500 MT for each set. The party is free to install any number of tanks provided the capacity of each of the tank is more than 50 MT.

� All related pumping facility, pipelines - with adequate insulation and heat tracing. � Boiler/Thermic fluid heaters/ Liquid Fuel Burners for heat tracing of tanks and pipe

lines. Alternately electrical heat tracing can also be provided in which case provision of Boiler/ Thermic fluid heaters is not necessary.

� Office space for documentation as per Company’s procedure. � Weigh bridge of 60 tonne capacity for weighing Bitumen trucks in his own premises.

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� Weighing scale of 1 tonne capacity for weighing Bitumen drums � Facility for receipt & storage of empty drums and lids for four days

requirement (10,000 barrels considering demand fluctuation) � Facility to receive and store 25000 packed bitumen drums and lids. � Manually operated drum filling facilities for 2500 drums per day (considering

demand fluctuation). Each drum shall be filled with 161.8 kg of Bitumen as specified by the corporation.

� Facility for loading filled drums in trucks. � Electricity connection with standby generator for operating the facilities. � Safety and security equipment as directed by the corporation. � Two Pentium III or Pentium IV computers with dot matrix printer for

documentation. Internet connection with adequate broadband capacity must be available to access the JDE system of HPCL.

� Any other facility which may be necessary for smooth operation of the filling plant and for carrying out the intent and purpose of this agreement in its entirety.

� The Contractor shall install at least one telephone within the depot premises and shall keep the same in working condition at his own cost.

� The Contractor shall take electric power connection for adequate capacity and all the expense incurred on installation and operation shall be borne by the Contractor.

� Water shall be arranged by the Contractor at his own cost. Necessary Quality control measures must be adopted by contractor as advised from HPCL from time to time. Further infrastructure as under must be made available in the plant: Sl Description

1 Drum Filling Shed 2 Empty Drum Handling Conveyor : 2 Nos 3 Filling Machine with Entry & Exit Conveyor 4 Filled Drum Handling Conveyor : 2 Nos

5 Bitumen Storage Tank (Grade VG 10 and VG -30) 500 Kl each

6 Bitumen Unloading vessel 7 Bitumen Unloading Pump 8 Bitumen Filling Pump - 6 Nos 9 Thermic Fluid Heater (400000 Kcal/Hr) *

10 Fuel Oil Day Tank * 11 Fuel Oil Storage Tank (8 Kl) * 12 Thermic Fluid Circulation Pump * 13 Deaeration Tank With Structure 14 Thermic Fluid Storage Tank * 15 Air Compressor 16 Control Panel

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17 Electric Panel 18 Bitumen Unloading Pump Panel - 2 Nos

19 Equipment for testing Penetration, Softening Point and Viscosity at 135 deg C as per IS 73:2006

20 Chimney 21 Bitumen Tanker Unloading Platform 22 Forklift of 500 kg capacity for lifting filled drums

* Not required in case of electrical heating The above said facilities are indicative and HPCL reserves the incorporate any change

which might be required for the smooth functioning of the plant. 10) The Contractor shall use the Plant only for the purpose of this contract i.e. filling and

packing Bitumen for the Company and the Contractor shall not, during the period of the contract deal directly or indirectly or be concerned in any way with the purchase/distribution, or sale or filling or packing of similar products of any other company at the Plant or use the Plant for any purpose other than that of carrying on the filling & packing of Bitumen of the Company as herein.

11) For the purpose of Packing, handling and delivering packed bitumen to the Company’s customers, the Contractor shall permit the officers of the Corporation to enter upon the said Plant and also to use the said storage facilities and in respect thereof the following provisions shall apply.

i) The Contractor shall submit on receipt of LOI and before starting of construction work, a detailed construction program/bar chart adhering to the construction. The program thus submitted shall form a part of the contract and shall be binding on the contractor. However the company reserves the right to alter the program if necessary. No claim whatsoever of Contractor on this account shall be entertained. The entire work shall be carried out as per company’s requirements.

ii) The Contractor shall not add to or alter the Plant, packing plant and storage facilities or remove any part thereof in any manner whatsoever except with the approval of the Company in writing first and if the Contractor shall commit a breach of this clause, the Company shall have the right without previous notice forthwith to reinstate and restore the same to its former condition in all respects and the cost thereof shall be paid by the Contractor to the Company on demand.

iii) The Company may enter upon the said premises at any time for inspection/verification of Bitumen filling activities and stock accounting.

iv) The Contractor will keep the said Plant and its surroundings in a clean and

satisfactory condition. The Contractor shall not interfere with or attempt to adjust the Plant, packing plant & storage facilities or any part thereof but the Contractor shall be responsible for notifying the company immediately of the necessity of any repair or adjustment and thereby ensuring that the said Plant, packing plant and storage facilities are in proper working order.

v) All repairs to the Plant and storage facilities shall be done by the Contractor at his own cost provided always that the Company may call upon the

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Contractor to carry out any repairs by himself/itself and at his/its cost in which event the contractor shall be bound to carry out such repairs as directed by the Company.

12. Bulk Bitumen will be supplied by the Company in the name of the Company to the said packing plant operated by the Contractor and will be received by the Contractor on behalf of the Company. All such products will be stored by the Contractor in the Plant and storage facilities provided.

� Empty drums, caps & seals shall be supplied by the Company to the said packing plant. The Contractor shall receive the drums, caps & seals on the Company’s behalf and acknowledge the receipt on Company’s behalf.

� The Contractor shall pack the drums with 161.8 kg of Bitumen as specified by the Company and seal/ cap the drums as per Company specifications.

� The filled drums shall be stacked at a suitable place within the premises. � The Contractor shall load & stack filled drums in trucks. � In case of any leakage of bitumen from the drums, the drum shall be

emptied into the bitumen tanks. The leaky empty drum shall be the property of the Company and shall be disposed off by the Company. The empty drums shall be kept in safe custody of the Contractor for which no charges shall be paid.

F) F) Filling accuracy must be maintained at all times by Contractor. Any loss or damage arising out of short filling in barrels will be borne by the Contractor

13. The recoveries on account of defective drums shall be as under:

a. Contractor shall report in writing to Company, the quantity of defective empty drums received from drum supplier to HPCL within 3 days from the date of receipt of the consignment, so as to take-up the matter of replacement with the drum supplier. Failure to inform as stated here shall make the Contractor liable to pay compensation to HPCL at the rate of 105 % of the total drum cost to meet the handling charges.

b. Full drum cost plus 5% shall be recovered, for the drums damaged during filling & handling activities. In case of any disputes as to whether any drum(s) is/ are damaged, the decision of HPCL shall be final and binding.

14. The Contractor shall be responsible for the due compliance with all the provisions of the Factories Act, Explosives Act,Shop and Establishment Act, Workmen's Compensation Act, Environmental laws and all other Central State or Local Acts, laws, rules and regulations which may be applicable and the contractor shall indemnify the Company against all loss and damage which the Company may suffer by reason of his non-compliance or non-observance of any such provisions. The Contractor shall take out the insurance policy against any liability under the provisions of Workmen's Compensation Act.

15. The Contractor shall maintain all accounts and registers in the name of the Company and keep a record of all deliveries and sales in duplicate, one copy whereof shall be forwarded by the Contractor to the Company at such intervals as the Company may

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from time to time direct. Company also reserves the right to direct the Contractor to maintain various registers for stock accounting and quality control as required in the Plant from time to time.

16. The Company shall authorise the Contractor to collect from the customer for and on behalf of the Company the price of Packed Bitumen delivered to the customers of the Company by the Contractor on behalf of the Company and to grant proper receipts and discharge for the same.

17. The Contractor shall assure that the name of the Company appears on all storage facilities. All correspondence to be made by the Contractor must be made on the letter heads of the Company.

18.There should be no discrimination by the Contractor in the delivery of the petroleum products of the Company to the customers within the area allocated. There should be no delay or laxity on the part of the Contractor in giving prompt and efficient service to the customers.

19. Quantity indicated in the tender is estimated, provisional quantity only and HPCL reserves the right to order any quantities at its sole option within total quantity offered by the contractor. Further, contractor must note that the quarterly call - up quantities may not be on pro - rata basis of total ordered quantity but will be based on the specific demand for the quarter.

20.Bulk Bitumen to be transported from HPCL’s Mahul terminal in company nominated tank trucks shall be received by the Contractor. The Contractor must decant all such bulk bitumen trucks within reasonable time and in any case not later than 15 hours of the reporting of the truck at the Plant.

21 .The Bitumen supplied to the Contractor from time to time and maintained in the custody of the Contractor in the name of the Company will be inventoried as per Company’s procedures at the end of every month and also as and when the Company deems fit and so directs. If on any such inventory verification any difference is found between the total quantity made available to the Contractor and the stocks of Bulk and Packed Bitumen actually found on inventory at the plant and the stock delivered to the Company’s customers the Contractor shall compensate the Company in full at the prevailing selling price of Packed Bitumen of the Company.

22. The recovery against lost product (bitumen) shall be calculated as under: HPCL will recover, the Cost of any deficit quantity in product reconciled on monthly basis. For the purpose of calculation, the current market rate will be considered. The recovery will be done at the flat rate of 100 % of the market rate. On failure to pay this amount within stipulated time, same shall be recovered through running bill. If the amount is too large to recover or there is no running bill for the month, then the recoveries shall be made through security deposits and Product Guarantee. If any deficits arise in the Security deposit as a result of such action, the same should be replaced within two weeks time.

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“NOTE”

Loss calculation on last day of the month shall be done as per following formula for a given calendar month:

Opening book Stock + Receipts – Issues = Closing book Stock. This book stock should tally with the physical inventory of the product. The physical stock will be determined as under:

Tanks should be calibrated and the certified chart should be available at Plant and a copy is to be submitted to HPCL on commissioning of the tank. Chart should give the volume of bitumen corresponding to every centimeter on the standard dip rod. Either the ullage or the actual product present in the tank shall be measured on the dip rod and corresponding volume calculated from the dip chart. The volume is then multiplied with the density of bitumen at the time of the dip measurement (density as per ASTM table D4311). This will give the weight of the material inside the tank.

23. The Contractor shall employ such staff as may be deemed necessary by the

Contractor for carrying out efficiently the duties under this agreement. Such employees and assistants will however have no concern with the Company and the Contractor shall be solely responsible for their wages and other emoluments. The Contractor shall indemnify the Company against any loss or damage which may be suffered by the Company by reason of negligence or default on the part of any such employees or assistants of the Contractor and any claim or demand made against the Company by any of such employees and assistance.

24. In respect of the staff appointed by the Contractor, the Contractor shall comply with all provisions of the Shops and Establishments Acts (if applicable)or Factories Act and all other Central or Local Acts which may be applicable in respect of the Contractor’s staff from time to time and shall keep the Company indemnified against all claims and/or demands in respect thereto.

25. HPCL shall have the right to appoint a third party to inspect the stocks and other

related activities in the Plant. . 26.The Company may in its absolute discretion at any time during the currency of the

agreement require the Contractor to furnish such security for the due performance of the obligations of the Contractor under this agreement as the Company may in its absolute discretion deem fit. If the Contractor fails to furnish such security within 14 days from the date of receipt of the demand for such security, the Contractor shall be deemed to have committed a breach of the terms of this agreement and the Company shall thereupon have the right to terminate the Contractor forthwith thereafter.

27.The Contractor shall receive operate the filling plant between 8 A.M. to 5 P.M. Holidays may be observed as per the company’s holiday list. Working extended hours and on holidays would be allowed with prior approval of the company and no additional compensation shall be paid for the same.

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28. The Contractor will at all times fully indemnify the Company from and against all losses, damages, claims, suits and otherwise arising from and in connection with injury to persons or property, short deliveries of product or other wise howsoever in connection with matters covered by the Agreement provided such loss or damage is not caused due to the negligence of the Company’s employees or agents.

29.The rights granted under this agreement are not transferable and the Contractor shall

not under any circumstances sell, dispose off, or assign or delegate or part with his rights or the possession of Plant, packing plant or storage facilities and his rights under the agreement or any part thereof to any person or persons firm or company whatsoever without the previous written consent of the Company.

30.The Company by its officers, representatives and employees shall have at all material times and in any circumstances free and unrestricted access to the said Plant, packing plant and storage facilities and all other properties entrusted to the Contractor by the Company.

31. Any notice required to be given to the Contractor by the Company shall be deemed to be duly received and served on the Contractor, if such notice has been addressed to the Contractor at the last known address of the Contractor. Any notice required to be given to the Company by the Contractor shall be deemed to the duly received by and served on the Company if the envelope containing such notice has been addressed to the Company at its office in Mumbai and has been sent by Registered Post.

32. The Contractor shall:

a) Prepare all documents and reports during receipt, storage & dispatch of drums and product(s) like Bills/invoices, bank deposit slips, inventory/sales reports etc. as per HPCL instructions from time to time. The Reports shall be submitted to HPCL in both hard and soft copies, as per the requirement of HPCL. The Contractor shall maintain all documents/records in good condition by binding the same on monthly basis at his cost. The records shall be given to the Corporation at the expiry or determination of the Corporation.

b) The Contractor shall ensure that all the work and activities being carried out under this Agreement/ contract shall be carried out in a safe manner and after ensuring minimum risk to the Contractor’s property or employees. The Contractor shall ensure that his employees use Personal Protective Equipments (PPE) during the loading / unloading / stacking and all other handling activities. Contractor to provide uniform to his authorized staff with Photo I-card. List of the staff to be given to HPCL. The contractor should keep first aid kit to take care of any exigency.

c) The Contractor’s staff not authorized / without uniform shall not be allowed inside the facilities or any premises of HPCL.

d) Ensure compliance with all labour norms, safety, health and environment norms and other legislations.

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33. In this agreement and the tender, unless there is something in the subject or context inconsistent therewith:

A) Words importing the singular number shall include the plural number and vice versa. B) Words importing the masculine gender shall include the feminine gender. C) Words importing persons shall include Company. D) Hindustan Petroleum is referred to at the Corporation or Company or HPCL at times.

34. As remuneration for the services to be rendered to the Company by the Contractor, the Company shall pay to the Contractor remuneration as mentioned in Schedule “A”.

35. Company shall give to the Contractor a Schedule for filling/packing of Bitumen for every quarter of a year, on a quarterly basis. This will be given 15 days before the start of each quarter of the year. The Contractor is expected to and shall undertake the filling activities in line with the said Schedule. If the contractor fails to fill/pack bitumen in line with the given Schedule, the Company has a right to resort to Risk Purchase i.e get the filling/ packing done by any third party of its choice and recover the cost difference from the Contractor. Notwithstanding such a provision for Risk Purchase, the Company may choose to seek Liquidated Damages @ 0.5% of the Scheduled and shortfall quantity per week subject to a maximum of 5% of the Scheduled quantity for the quarter.

36. A “Force Majeure Event” shall mean any event or circumstance or combination of events or circumstances beyond the reasonable control of a party that materially and adversely affects the performance by such affected party of its obligations under or pursuant to this Agreement, provided, however, that such material and adverse effects could not have been prevented, overcome or remedied in whole or in part by the affected party through the exercise of due diligence and reasonable care. “Force Majeure Events” hereunder shall include each of the following events and circumstances, but only to the extent that they satisfy the above requirement.

A) Any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockage, embargo, revolution, riot, insurrection, civil commotion, act of terrorism, or sabotage.

B) Strikes, work to rule or go-slows that affect the premises of the parties hereto or are widespread or nationwide, but which are not caused due to action or at the instigation of the party seeking shelter of this clause and which is beyond the reasonable control of such party.

C) Other events beyond the control of the effected party including but not limited to Lightning, fire, earthquake, flood, storm, cyclone, typhoon, or tornado, explosion, chemical contamination (other than resulting from an act of war), epidemic or plague.

D) Neither of the party to this Agreement shall be liable for non-performance of any of its obligations under this Agreement in so far as such non-performance is occasioned by a “Force Majeure” event nor shall this agreement on account thereof. The notice of occurrence of any such factor shall be given by the affected party within a period of 48 hours of the occurrence of such factors. The performance of the respective obligations of the parties under this agreement shall

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be resumed soon as such factors, which have resulted in the non-performance, cease to occur. A 48 hours notice regarding the cessation of such factors should be given by either party before the performance is resumed/is called upon to be resumed. Notwithstanding anything contained herein, if an event of Force Majeure occurs and is likely to continue for a period in excess of 30 days, the parties shall meet to discuss the consequences of Force Majeure and the course of action to be taken to mitigate the effects thereof to be adopted in the circumstances including termination of the agreement.

37. The Company shall, in addition to the rights provided elsewhere in the tender documents, have the right to terminate the contract upon the commission of the Contractor of any of the following, i.e if the Contractor:

A) Commits a fraud on the Company.

B) Fails to carry out any stipulation contained in the agreement for seven days after being required in writing so to do by the company.

C) Abandons the work specified in the agreement.

D) Without any lawful reasons suspends the work for 15 consecutive days.

E) Neglects or fails to observe and perform all or any of the terms, acts, matters or things under this agreement to be observed and performed by the Bidder.

F) Acts in any manner to the detrimental interest, reputation, dignity, name or prestige of the Company.

G) Is unable to account for the stock of drums or product or if the Corporation detects any shortage in stocks.

H) Does not collect or deposit any cheque or money of the Corporation in the bank account of HPCL within a reasonable time or the time as prescribed in the contract.

38. NOTWITHSTANDING anything hereinbefore the contract shall ipso facto terminate when the Contractor or any partner of the Contractor’s firm shall be adjudged insolvent or winding up/liquidation proceedings commenced against it and such termination shall be effective from the date of declaration of the insolvency or order appointing Liquidator/Receiver.

39. The Corporation shall have the absolute right to suspend any supplies pending any

inquiry or investigation by it or any third party during the currency of the agreement and no claim shall lie on the part of the contractor on this account.

40. ARBITRATION

a) All disputes and differences of any nature whatsoever, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or relating 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 or after determination, foreclosure, termination or breach of the agreement (other

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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.

b) The appointing authority shall either himself/herself 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/Contractor 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. c) In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority shall nominate another person as aforesaid, to act as the Sole Arbitrator. d) Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made as provided in this agreement and there shall be no right to have any other person appointed as the Sole Arbitrator. e) The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement. f) If the Company so desires, the work under the Contract shall however continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings. g) The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary. h) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The fees shall be as per the policy of the Company from time to time. i) Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.

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j) The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in English language. k) The Appointing Authority is the Director-Marketing of Hindustan Petroleum Corporation Limited. In case at the relevant time, there is no Director-Marketing, then the Appointing Authority shall be the Chairman and Managing Director of the Corporation.

IN WITNESS WHEREOF the parties have executed these presents on the day, month and year hereinabove mentioned. SIGNED AND DELIVERED BY THE SIGNED AND DELIVERED BY THE WITHINNAMED CONTRACTOR DULY CONSTITUTED ATTORNEY OF HINDUSTAN PETROLEUM CORP LTD

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Attachment 10 UNPRICED BID Please do not quote any rates in this sheet. Please show Service Tax and other levies in percentage only

Tender No. : 12000190-HD-14001

Subject: Contractor Built, Owned and Operated Bitumen Packing & handling Plant in and around Mumbai (within 100 Km from HPCL’s Mahul Terminal) in the state of Maharashtra

SNo. DESCRIPTION RATE (Rs.) UNIT

PER MT

1. 2.

Packing and Handling of Bitumen drums. The job includes the following activities:-

a) Decantation of Bitumen tank lorries into tanks.

b) Filling of drums with 161.8 kg of Bitumen.

c) Sealing/capping and stacking of drums

d) Emptying defective drums into tanks e)Unloading and stacking of empty drums Loading of filled drums into trucks: including invoicing and all related documentation.

Please indicate % of Service Tax , NMMC Cess or any other levy on Packing and

Handling activity in the Plant in Unpriced Bid. Further please indicate in percentage the octroi or any other cess or levy that would have to be borne by HPCL for supply of bulk bitumen and empty bitumen barrels and lids to the plant

Service Tax or any other cess on Packing and Handling in %: ________

Octroi /Cess on Bulk Bitumen supply to Plant in %: __________

Octroi/Cess on Empty Drum/Lids supply to Plant in %: ___________

If there is a difference in the rates of Taxes and other levies quoted in the Unpriced and Priced Bid, the rates of taxes quoted in Unpriced Bid will prevail. Evaluation will be done on minimum overall outgo to HPCL. The lowest Bidder shall be determined as per the Net Delivered Rate on the basis of quoted rates and applicable taxes, cess, octroi, net of input service tax credits. (Please quote Prices in Priced Bid only).

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Attachment 11

INTEGRITY PACT

AGREEMENT REGARDING TENDER No. 12000190-HD-14001 Dated 10.01.2013

To,

HINDUSTAN PETROLEUM CORPORATION LIMITED

Sub : Purchase of Bidding Documents

Ref. Tender No. : 12000190-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 and 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 along with 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/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 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.

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Section 2 – Commitments of the Bidder / Contractor

(1) The Bidder / Contractor commit 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.

(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.

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(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.

(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.

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Section 7 – Criminal charges against violating Bidders/Contractors/Subcontractors

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 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 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.

(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,

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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 Terminals. 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 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…Mumbai………………. Witness 1: …

……………………………… Witness 2: ………………….

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Attachment 12

GENERAL IRREVOCABLE POWER OF ATTORNEY

We, the undersigned (1) Shri __________________________ (2) Shri _________________________ (3) Shri ___________________ all residing at _________________ the Partners / Directors of M/S __________________________ having its registered office at _______________________________ do hereby nominate, authorize and appoint Shri ________________________ & Shri _____________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/S ____________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm:

i) To sign, seal, execute, perfect and/or complete the tender document of packing and Handling of bitumen and also other relevant documents required by M/s. Hindustan Petroleum Corporation Ltd. (hereinafter called The Company) in respect thereof.

ii) To negotiate, enter into correspondence with the Company and do all and everything necessary suitable or proper with regard to the said tender for packing and handling of bitumen.

iii) To sign, seal, execute, perfect and/or complete Bitumen Packing and Handling Agreement and all and/or any other document, Indemnity Bond etc. required by the Company in connection with the said Bitumen Packing and Handling Agreement.

iv) To do all acts, deeds, as may be necessary for and incidental to the execution of proper performance of the said Bitumen Packing and Handling agreement with HPCL.

We the said partner(s) do hereby agree to allow, verify, confirm and ratify all and whatsoever the said Shri __________________, shall or may do or cause to be done in or about the said tender and the Bitumen Handling and Packing Agreement, the execution and proper performance thereof by virtue of these presents.

This Power of Attorney shall remain irrevocable till the validity period of our quotation/Bitumen Packing and Handling Agreement / or refund of our Deposit (in case we are not successful) whichever is later.

In witness whereof, we the above named, have hereunto set and subscribed our hands at ____________ (place) this _________ day of ____________ Two thousand Twelve.

Signatures

Signed, Sealed and delivered by 1) Shri_________________________________

the within named partners/ 2) Shri___________________________________

Directors of M/S _____________ 3) Shri__________________________________

Before me.Notary public (Notary's Stamp and seal)

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Attachment 13

INDEMNITY BOND This Indemnity Bond is executed on this ……………. day of …………… Two thousand twelve by .....………………………. having its registered Office at ……………………………………………………… hereinafter called the said Contractor (which expression shall mean and include the partner or partners of the firm and also include their or his respective heirs, executors, administrators, its successors and assigns in law) in favour of Hindustan Petroleum Company Limited a Company registered under Indian Companies Act, 1956 having registered office at Petroleum House, 17, Jamshedji Tata Road, Churchgate, Mumbai 400 020 hereinafter called T̀HE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns. WHEREAS the Company has awarded contracts to the said Contractor an Agreement for Bitumen packing and handling for a period of 4 years on the rates, terms and conditions as per agreements signed and extendable for another four years at Company’s option; AND WHEREAS the Company will be handing over bulk bitumen and empty barrels and lids to the Contractor for the purpose of packing the bulk bitumen into barrels (drums) and to despatch the same as per the instructions of the Company; AND WHEREAS the Contractor will be possessed of and in control of the said Bitumen owned by and belonging to the Company; AND WHEREAS the Company has agreed to give bulk bitumen and empty barrels and lids for packing and handling the same into barrels/ drums on the terms and conditions as agreed by the aforesaid contract and also on the condition that the Contractor executes this Indemnity Bond, on the following terms & conditions. NOW THIS DEED WITNESSETH that pursuant to the same and in the premises, the said Contractor hereby agrees to indemnify and keep indemnified the Company against any loss, damage, liability, costs, charges and expenses and/or third party claim, whatsoever, which the Company may incur or suffer due to: (a) loss or damage of bitumen, in any quantity whatsoever, from the time when bulk Bitumen is handed over to the Contractor till the time of its despatch from the Plant of the Contractor in packed form to places/ customers/ persons duly authorised by the Company or for any loss or damage to any barrels/ drums or lids during the time it is held by or with the Contractor, including by means of duly accounting for the Bitumen, etc. at all stages of storage, packing and handling; (b) non fulfilment or breach by Contractor of any of the terms and conditions of the contract of packing and handling, stated above; (d) loss due to any accident or negligence or fault of the Contractor or any of its/his employees, servants, agents or representatives of Contractor or at his instance; (e) fraud or mischief caused by the Contractor or any of its/ his employees, servants, agents or representatives.

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This Indemnity has been executed by a duly authorized signatory.

SIGNATURE: …………………………..

NAME : (Signed as Proprietor / Partner / Director)

NAME & ADDRESS ………………………….. OF THEIR FIRM ……………………………

……………………………… ………………………………

Note: For reckoning Stamp Duty, this Bond shall be valued at Rs. 23.32 crores.. However, the Indemnity may be a much larger sum based on the actual value of the product handed over, etc.

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Attachment 14 BANK GUARANTEE FORMAT IN LIEU OF EARNEST MONEY DEPOSIT 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 Bidder" 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 Corporation") 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 fulfillment 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 Bidder" 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 or that may be likely to be caused and suffered by "the Corporation" by reason of non performance or non-fulfillment or for any breach on the part of "the Bidder" of any of the terms and conditions of the said "tender" in relation to which the EMD was to be given or under which the same could be forfeited by the Corporation. We, _________________________ Bank further agree that "the Corporation" shall be sole Judge whether the said "Bidder" 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 Bidder" 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 Bidder" 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

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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 Bidder" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Bidder" 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 Bidder" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Bidder" 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 eighteen 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 Bidder" or its insolvency. " 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 Bidder" 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")

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Attachment 14 A

BANK GUARANTEE FOR SECURITY DEPOSIT (On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation 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, Bombay-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/soleproprietor business/a company registered under the Companies Act, 1956 having its office at .............. (hereinafter called "the supplier") (which expression shall include executors, administrators and assigns) vide order No.......................dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed : a) not to insist upon immediate payment of Security Deposit for the fulfilment and performance of the said order b) that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/or discharge of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept Bank Guarantee for the security deposit. We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" 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 supplier" of any of the terms and conditions of the said "order". 2. We, ............................. Bank further agree that "the Corporation" shall be sole judge whether the said "Supplier" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any 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 the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to. 3. 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”

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liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" 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. 4. 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 "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Supplier" 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. 5. However, it has been agreed between "the Supplier" and "the Corporation" Bank Guarantee for security deposit is Valid upto a period of 3 (Three) months beyond the expiry of the defects liability period as per the terms of the Order No. _______________ dated __________. 7. Not withstanding anything contained herein above :

i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or # before the expiry of 30 days from the date of expiry of this guarantee.

8. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in writing.

9. We, ......................................... Bank lastly agree that "the Bank"'s liability under this

guarantee shall not be affected by any change in the constitution of "the Supplier".

10. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS 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")*

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Attachment 14-B BANK GUARANTEE FORMAT FOR PRODUCT GUARANTEE

To, Hindustan Petroleum Corporation 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. Bitumen, Bitumen Drums, Lids 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 Cotractor”, 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 packing bulk bitumen into drums 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 “Contractor” furnishing security by way of an unconditional and irrevocable Bank Guarantee for a sum of Rs. 42,000,000/- (Rupees Forty Two Million or Four Crores Twenty Lakhs Only). Rs. 4,30,00,000/- (Rupees Forty Three Million or Four Crores, Thirty Lakhs Only).

At the request of the Contractor, 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 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 Contractor, the amount so demanded by the Corporation from the Bank, anywise payable or owing by “the Contractor” 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. 430,00,000 (Rupees Four Crores Thirty Lakhs only) in full without any deductions, set-offs or counterclaim whatsoever and “the Bank” hereby agrees with “the Corporation that :

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1. 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 Contractor” arising upto and until midnight of __________________. 2. 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 Contractor’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. 3. We, _______________ Bank Ltd., further agree that "the Corporation" shall be the sole judge as to whether the said "Contractor" 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 Contractor" may be entitled to.

4. 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 Contractor”, notwithstanding any dispute raised by "the Contractor" 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 Contractor; 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. 5. 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 Contractor 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 Contractor" 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 Contractor" or for any forbearance, act or omission by “the Corporation” on "the Contractor" 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.

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6. 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 “Contractor”, or of the agreement / understanding between the Contractor and the Corporation or due to the expiry, renewal under fresh terms, termination or extension of time or either or both of them. 7. We, ___________________ Bank agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Contractor" or its insolvency, winding up, re-organisation, amalgamation or liquidation (including any appointment of a receiver, administrator, administrative receiver or supervisor of the Contractor 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 laws of India (except in the case of a fraud by you). 8. We, _____________ Bank Ltd. further undertake not to revoke this guarantee during its currency except with the previous written consent of "the Corporation". 9. We, _____ Bank Ltd. further agree that “the Corporation” shall not be bound to disclose the nature of breach or default committed by the Contractor 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. 10. Notwithstanding anything contained herein before, our liability under this Bank Guarantee is restricted to Rs. 430,00,000 (Rupees Four Crores Thirty Lakhs only) 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. 11. 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 Contractor" 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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Attachment 15

PRICED BID FORMAT

(THIS IS ONLY AN ILLUSTRATIVE FORMAT – PRICES ARE NOT TO BE ENTERED HERE OR ANY WHERE ELSE IN THE TENDER DOCUMENT. PRICES MUST BE FILLED ON LINE ONLY)

Tender No. : 12000190-HD-14001 Subject: Contractor Built, Owned and Operated Bitumen Packing & handling Plant in and around Mumbai (within 100 Km from HPCL’s Mahul Terminal) in the state of Maharashtra including transportation of Bulk Bitumen to the Plant.

SNo. DESCRIPTION UNIT RATE IN FIGURES (RUPEES)

RATE IN WORDS

(RUPEES)

Per MT

1.

2.

Packing and Handling of Bitumen Drums: (Breakup of activities is given in unpriced bid)

Loading of filled drums into trucks: including invoicing and all related documentation.

Signature & Seal of Bidder