HINDUSTAN PETROLEUM CORPORATION LTD - HPCLtenders.hpcl.co.in/tenders/tender_prog/tenderfiles/2187/T… · Web viewHindustan Petroleum Corporation Limited a Company registered

PLEASE NOTE THAT THE DUE DATE FOR THE TENDER HAS BEEN EXTENDED TO 09.10.09. @ 15.00 HRS.

HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN,

8,SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637211, FAX No : 91 – 22 – 22671077 PUBLIC TENDER DOCUMENT (2 BID SYSTEM)

10.09.2009REVISED PUBLIC TENDER NO. Revised 9000097-HD-14001

SUBJECTTRANSPORTATION OF 65000 MT (91000 KL) NAPHTHA FROM MAHUL TERMINAL, MUMBAI TO M/S. NTPC, AURAIYA, UP. (RTKM 2480 )

DUE DATE & TIME 05.10.2009 @ 3.00 P.MCONTRACT PERIOD ONE YEAR FROM THE DATE OF LOI, EXTENDABLE FOR

ONE MORE YEAR AT THE SOLE DISCRETION OF HPCL. EMD RUPEES TEN LAKHS ONLY (Rs. 10.00)

Dear Sirs,

Refer corrigendum published in Times of India & Navbharat times on 12 th Sept 2009. Please note following revisions in tender document:

a. Revised Pre- Qualification Criteria, Sr. No. 3 may please read as under: Tenderer should own atleast 5 tank trucks. Tenderer should also have capacity to mobilize maximum tank trucks on short notice.

b. For information regarding the tender, the following persons may be contacted :Related to the scope of the tender : Mr Chittaranjan Rath

Manger – BD & IT Tel No: 022 – 23789248

Please note all other terms and conditions of the tender remain unchanged.

Thanking you,Very truly yours

SIGNATURE & SEAL OF THE TENDERER0

H. Padmanabhan Sr. Manager Procurement (DS)


HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8,SHOORJI VALLABHDAS MARG BALLARD ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637211 FAX No : 91 – 22 – 22671077

TENDER NO. 9000097-HD-14001


DUE DATE & TIME 29.09.2009 @ 11.00 AM

CONTRACT PERIOD

ONE YEAR FROM THE DATE OF LOI, EXTENDABLE FOR ONE MORE YEAR AT THE SOLE DISCRETION OF HPCL.

EARNEST MONEY DEPOSIT RUPEES TEN LAKHS ONLY (Rs. 10.00)

INDEX OF CONTENTS

Attachment 1 General Terms & Conditions

TO BE SUBMITTED ALONGWITH

THE UNPRICED BID SEALED ENVELOPE

Attachment 2 Credential BidAttachment 3 -A

Declaration of the tendererAttachment 3- BAttachment 3- CAttachment 3-DAttachment 4 Special Terms & ConditionsAttachment 5 Details of Tank Truck

owned/attachedAttachment 6 Road Transport AgreementAttachment 7 Transport Discipline GuidelinesAttachment 8 Format of Bank Guarantee for EMD Attachment 9 Integrity PactAttachment 10 SC/St CertificateAttachment 11 Format for e-mandateAttachment 12 Format of Power of AttorneyAttachment 13 Unpriced Bid

Attachment 14 Price Bid (Rate Schedule)TO BE

SUBMITTED IN SEALED

ENVELOPESIGNATURE & SEAL OF THE TENDERER

2

HINDUSTAN PETROLEUM CORPORATION LTD DIRECT SALES SBU, 2ND FLOOR, HINDUSTAN BHAVAN, 8,SHOORJI VALLABHDAS MARG ESTATE, MUMBAI - 400001 TEL : 91 – 22 – 22637211 FAX No : 91 – 22 – 22671077

COVERING LETTER

PUBLIC TENDER DOCUMENT (2 BID SYSTEM) 04.09.2009

TENDER NO. 9000097-HD-14001


DUE DATE & TIME 29.09.2009 @ 11.00 A.M

CONTRACT PERIOD

ONE YEAR FROM THE DATE OF LOI, EXTENDABLE FOR ONE MORE YEAR AT THE SOLE DISCRETION OF HPCL.

EARNEST MONEY DEPOSIT RUPEES TEN LAKHS ONLY (Rs. 10.00)

Dear Sirs,

Sealed tenders are invited from experienced and competent transporters under 2-bid system (Priced & Un-priced) for transportation of Naphtha in bulk by road ex- Mahul Terminal of HPCL to NTPC, Auraiya Power Project, Pata 206241 Dist Auraiya, U.P. Estimated requirement of tank truck is 150 Nos.

You are requested to quote in the schedule of rate attached hereto. Tenderers are requested to carefully go through all the terms and conditions and the draft transport contract before submitting their quotations. The validity of the tendered rate(s) should be for 180 days from the due date or from the extended due date of the tender. Tenderer who fulfill the following Pre- Qualification Criteria may submit their documents against this tender. Documentary proof for Sr. 1 to 3 should be submitted alongwith tender documents. Offers received without documentary proof for Sr. 1 to 3 will be rejected.1. Annual Financial Turnover should be Rs. 100 Lakhs or more in any one of the last

3 financial years. Please submit balance sheet / Income Tax Return / assessment duly certified by Chartered Accountant as proof.


2. Tenderer should have experience of atleast 3 years in road transportation of POL/Naphtha/Special products. A copy of Purchase Order / Certificate / agreement to be enclosed as proof of the same.

3. Tenderer should own atleast 5 tank trucks and have loaded Naphtha atleast once during the previous year. Please provide copies of invoice(s) / challans as proof. Tender should also have capacity to mobilize maximum tank trucks on short notice.

4. 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, orii. which is controlled directly or indirectly by a Party; oriii. is directly or indirectly controlled by a company, legal entity or

partnership which directly or indirectly controls a Party. “Control” means actual control or ownership of at least a 50% voting or other controlling interest that gives the power to direct, or cause the direction of, the management and material business decisions of the controlled entity.

Bids may be submitted by: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.

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

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

b) In case the bidder is a newly formed and incorporated joint venture and which has not completed three financial years from the date of commencement of business, then either the said JV shall 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.

c) 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. No change shall be permitted in the number, nature or share holding pattern of the Consortium members after pre-qualification, without the prior written permission of 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;

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

In case the bidder is an Indian arm (subsidiary, authorized agent, branchoffice or affiliate) of a foreign bidder, then the foreign bidder shall have tofulfill 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.

In addition to above Pre-Qualification Criteria, bidders may note the following:

1. The 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 technical bid, duly signed by the same signatory who signs the bid i.e. who is duly authorized to sign the bid. All the pages of the Integrity Pact shall be duly signed by the same signatory. Bidder’s failure to return the Integrity Pact along with the bid, duly signed, shall lead to outright rejection of such bid.

If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Integrity Pact, HPCL shall be entitled to demand and recover from bidder Liquidated damages amount by forfeiting the EMD/Bid security (Bid Bond) as per provisions of Integrity Pact.If the contract has been terminated according to provisions of the Integrity Pact, or if HPCL is entitled to terminate the contract according to provisions of Integrity Pact, HPCL shall be entitled to demand and recover from the Contractor liquidated damages amount by forfeiting the Performance Bank Guarantee / Security Deposit as per Integrity Pact.

2. RELATIVES :(as per list enclosed) of officer/s responsible for award and execution of

this contract in the Oil Company are not permitted to quote against this tender. Thetenderer shall be obliged to report the name/s of person/s who are relatives of anofficers of the Oil Company or any officer in the State or Central Government, and

who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderer’s part entitling the Oil Company to all rights and remedies available thereof including termination of

contract.

3. Earnest Money deposit : Rs.10,00 000/ (Rupees Ten Lakhs only ) by Demand Draft drawn on any Nationalised / Scheduled bank (other than co-operative) in favour of Hindustan Petroleum Corporation Ltd payable at Mumbai or Bank Guarantee (Format enclosed) drawn by any Nationalised/ Scheduled bank (other than cooperative banks) should be submitted along with un-priced bids. Offers received without EMD will not be considered.

Quotations in sealed envelopes separately for Priced and Unpriced bids duly super scribed with tender number should reach the undersigned within the due date and


time. The various documents to be attached (duly signed and stamped by the tenderers) along with your tender as per instructions in Attachcment I (GTC)

The tenderer should sign and stamp each and every page of the tender documents as well as supporting documents submitted with the offer. The supporting documents should be serially numbered and total number of pages submitted should be indicated in the covering letter. Please submit your tenders on or before due date and time to Sr. Manager – Procurement (Direct Sales SBU), Hindustan Petroleum Corporation, Limited, Hindustan Bhawan, 2nd Floor, 8, Shoorji Vallabhdas Road, Ballard Estate, Mumbai - 400 001, India. (to be dropped in the Tender Box at ground floor)

The UNPRICED Bids will be opened in the presence of attending tenderers at 11:30 Hrs on the due date.

HPCL team will scrutinize the documents submitted by the vendor. Vendors, who do not meet the pre qualification criteria, will be rejected. Tenders not in conformity with tender terms and conditions will be rejected.

The bidder is required to put his seal and sign on each and every page of the Tender document and submit the same. The bidder, if awarded Contract, will be required to submit some of the Attachements on Non-judicial Stamp Paper of requisite value after issuance of LOI.

Whenever there is duplication of clause either in the terms and conditions or in the Agreement, the said clause, as interpreted by HPCL, will be considered applicable and shall be binding.

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 Chittaranjan Rath Exe. Sales Officer –I & C Tel No: 022 – 22637169

Related to tender finalisation : Ms Maya M Naik Manager – Purchase DSBU

Tel No.: 022 – 22637211

Please note that the placement of order against this tender will confirm to the rules and regulations of the government of India as advised from time to time.

Late Tenders / delayed Tenders received after the due date or extended due date and time, because of any reason including postal delay, will not be considered. HPCL reserves the right to reject any offer in part or full without assigning any reason whatsoever.

Thanking you,SIGNATURE & SEAL OF THE TENDERER

7

http://www.hindustanpetroleum.com/

Very truly yours

H. Padmanabhan Sr. Manager Procurement (DS)

Attachment 1

GENERAL TERMS AND CONDITIONS

1.0 SUBMISSION OF TENDERS

1.1 Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in the Oil Company are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are


relatives of any officers of the Oil Company or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderer’s part entitling the Oil Company to all rights and remedies available thereof including termination of contract.

1.2 All rates quoted should be both in words and figures. In case of any difference between the two, the rates quoted in words shall be considered as final and authentic.

1.3 Tenderers should submit one set of our Tender document (duly sealed and signed on all pages) and should be strictly in line with our terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender document shall be rejected.

1.4 Counter Terms and Conditions will not be accepted. Over Writing should be avoided. Corrections, if any, should be initialed by the tenderer. Please note that all Terms & Conditions enlisted in the Transport Agreement are applicable to the contract and are treated as a part of the General Terms & Conditions.

1.5 Tender terms and Conditions should be carefully studied. All the pages of the tender documents including draft contract form should be signed and rubber stamped as a token of your acceptance and submitted to us in the manner indicated above.

1.6 Your quotation should be in two parts:

1.6.1 Unpriced Bids – Cover Marked “UNPRICED BID”

Unpriced quotations, duly filled in and signed by the tenderer or the legally authorised representative of the tenderer , together with Earnest Money Deposit and other documents mentioned should be enclosed in the Envelope (meant for Unpriced Bid) provided along with the tender document. Tenders would be rejected if the price is quoted in the “UNPRICED BID”. Tenders also stand to be rejected if the EMD is given in the “PRICED BID” envelope

The “Unpriced Bid” should be accompanied by the following supporting documents:1. Covering letter listing all enclosures.2. Credential Bid (Attachment-2).3. Declarations by Tendererr (Attachment 3 A,B,C,&D)4. Particulars of Tank Truck/s (TT/s) offered (Attachment-5).5. Affidavit/s from the Owners of the attached (hired) TTs (Attachemnt-5 B).6. Attested copies of caste certificate (wherever applicable) (Attachment-10).7. Enclose EMD Demand Draft, which should be drawn on a scheduled Bank

(other than co-operative bank) payable at the location where tender is to be submitted. If it is found that EMD paid through DD is not acceptable due to technical or any other reason, the tender will be rejected.

8. Attested copy (acknowledged copy) of the latest Income Tax Return Filed.9. Attested copies of Trading Licence or Company Registration Certificate. 10.Attested copies of Partnership Deed or Certificate of Incorporation.


11.Attested copies of valid Registration Certificate, Certificate of Fitness, CCE Licence, Insurance Policy and Calibration Certificate for each of the TTs offered.

12.Bulk Naphtha Road Transport Agreement (Attachment-6).13.Power of Attorney (Attachment-12).14.Undertaking for the TTs offered (Attachment-5 A).15.Integrity pact ( Attachment 9)16.Bank Mandate for E-payment (Attachment -11)17.Unpriced Bid (Attachment 13)

The Statement of Credentials must be filled in completely and certified true in all respects. Tenderer to submit relevant original documents whenever asked. Tender is liable to be rejected if the information supplied therein, on inquiry, is found to be incorrect and/or false.

1.6.2 Priced Bids – Cover Marked “PRICED BID”

Priced Bid, duly filled in WITH PRICE DETAILS and signed by the tenderer or the legally authorised representative of the tenderer should be enclosed in envelope. IF THE PRICE QUOTED IS NOT IN LINE WITH OUR PRICED BID FORMAT PROVIDED IN THE TENDER, THE OFFERS MAY BE REJECTED.

The volumes indicated in the tender (Schedule of Rates) are only directional quantities and Corporation does not guarantee any definite minimum or maximum volume of business. Actual volumes / requirement will be advised to the Transporter from time to time by the concerned officials of the Corporation and the Transporter shall deploy tank trucks accordingly. The Corporation as per its requirement may add any new location and the Tenderer will be required to execute the same as per same rates, terms and conditions.

Both the above envelopes, duly sealed should then be enclosed in the large common envelope and super scribed with Tender Number, Due date & Time and item for which tendered, should be addressed to Sr. Manager – Procurement – (Direct Sales SBU), Hindustan Petroleum Petroleum Corporation Limited, 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai 400 001 and dropped in the Tender box provided on the ground floor so as to reach on or before the due date and time.

Tenders received after the due date and time including postal delays will be rejected.

Tenders received unsealed / without Earnest Money Deposit / not meeting tender conditions / incomplete in any respect, are liable to be rejected.

No unsolicited correspondence/ queries will be entertained while the award of theTransport contract is under review/ consideration. HPC regret their inability to answerindividual queries.

2.0 TANK TRUCKS OFFERED:The tenderer should own as well as offer a minimum of 5 tank trucks the details of which are to be provided in the unpriced bid. In other words, atleast 5 tank trucks offered should be registered in the name of the Company if the Tenderer is a Limited


Company (or) in the name of Firm / Partners in case of Partnership Firm (or) in the name of Firm / Proprietor in case of Proprietorship. Bids of tenderers not owning a minimum of required tank trucks will be rejected. Tenderers must be prepared to offer more number of tank trucks whenever required by the Corporation.

The estimated number of Tank Trucks mentioned in the tender notice is indicate and is subject to change. HPC reserves the right to contract the required additional tank truck.

Transporter should place tank trucks with required capacities as per plant requirement.

The tank trucks offered should not exceed 8 years on the date of opening of the tender. Further during the pendency of the contract, the age of any vehicle offered for loading shall not exceed 8 years (or as per Government guidelines)

The tank trucks offered by the tenderer should conform to the statutory rules and regulations as promulgated or enforced by the State / Central Government / Local authorities from time to time.

Tank trucks provided for transportation of Bulk Naphtha should preferably be covered by National Permit / Zonal Permit at Contractor’s expense. The contractor shall supply tank trucks meeting axle load restrictions in States and sections where axle load restrictions are imposed.

Wherever the Tank trucks has been mentioned, the same applies to Tank trucks fit for loading bulk Naphtha.

Tenderer should submit all the details and enclosures as has been asked. In case, any of the information is not applicable to them, “Not Applicable” may be written against that para. Not submitting any information/enclosure sought may be ground for rejecting the tender.Any additions/deletions or change in Corporation’s format will not be accepted. This may be ground for rejecting the tender.Overwriting should be avoided. Corrections, if any, should be initiated by the tenderer.

Tenderer would be presumed to have acquainted themselves with the working conditions existing at the locations, before submission of the tender.

The distances for the locations shall be calculated as per the MAPS/Monitoring Guide of India published by Automobile Association of Western India by the shortest route.

3.0 RATES :It is mandatory that rates quoted is applicable to all locations, which are currently listed and which are likely to be added in future.Tank trucks provided for transportation should preferably be covered by National Permit/Zonal Permit at Contractor’s expense. The contractor shall supply Tank trucks meeting axle load restrictions in States and sections where axle load restrictions are imposed.


The distances for the locations shall be calculated as per the MAPS / Motoring Guide of India published by Automobile Association of Western India by the shortest route. The distances may also be revised depending as per Survey of India / Automobile Association of India at the discretion of HPCL.

4. 0 EARNEST MONEY DEPOSIT (EMD):

Tenderer will have to pay Earnest Money Deposit (EMD) as mentioned in the covering letter. EMD should be paid as under :Mode of Payment for EMDDemand Draft drawn in favour of Hindustan Petroleum Corporation Limited paybale at Mumbai - DD to be drawn on Nationalised Bank / Scheduled Bank (Other than Co-operative Bank)

or

Original Bank Guarantee from Nationalised Bank / Scheduled Bank (Other than Co-operative Bank) valid for 6 months from the due date of tender. Format is as per attachment.

Tenders / offers received without EMD will be rejected. Cheques / Cash / Money Orders or any other documents are not acceptable towards EMD and if EMD is paid in the form of such documents then tenders will be treated as submitted “WITHOUT EMD” and such tenders will be rejected. Linking with earlier transactions / adjustments with pending bills or any other amount payable by HPCL is not allowed. EMD refund will be made to unsuccessful tenderers after finalisation of the tender. In case of successful tenderers, EMD refund will be made only after payment of necessary Security Deposit against Purchase Order placed on them. EMD will not carry any interest. EMD will be refunded by Cheque.

EMD is liable to forfeiture in the event of :(1) Withdrawal of offer during the validity period of the offer(2) Non-acceptance of orders when placed(3) Non-confirmation of acceptance of orders within stipulated time after

placement of orders(4) Any unilateral revision made by the tenderer during the validity period of

the offer.(5) Non-execution of the document after acceptance of the contract / order

Due to any dispute of the tenderers or any reason whatsoever(6) Non-payment of Security Deposit or non-submission of sample within

stipulated period

Exemption from payment of EMD : Registration with DGS&D will not entitle the tenderer to claim exemption from payment of EMD. Public Sector Enterprises are exempted from making payment of EMD. For this purpose, in the event of the tenderer being a Public Sector Enterprise, a declaration to that effect should be submitted. TENDERS RECEIVED WITHOUT EMD WILL BE REJECTED.

5.0 VALIDITY OF TENDERS :SIGNATURE & SEAL OF THE TENDERER

12

Offers should be valid for a period of 180 days from the due date of Tender or extended due date of the Tender. Once the tender is accepted and work awarded, the rates should be valid for the entire contractual period. No tenderer will be allowed either to withdraw or to revise his offer after the last date of receipt of tender.

Any offer containing variations from our terms and conditions and or counter conditions will not be accepted. Tenderers are advised in their own interest to quote strictly as per terms and conditions stipulated by the Corporation and not to add conditions of their own or to modify the terms and conditions stipulated in the tender.

The Corporation reserves the right to accept or reject any or all tenders in whole or in part and or all tenders in whole or in part and or to divide the work amongst tenderers in the manner considered suitable by the Corporation, at the Corporation’s sole discretion, without assigning any reason. Acceptance of offer shall be valid only when advised by the Corporation in writing to the concerned successful tenderer.

6.0 BUSINESS

Business will be awarded in the following manner: 1. Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be decided on minimum

financial outgo to HPC by considering the rates quoted in other than adjoining states sector and expected volume of business in the sector. Average RTKM (Round Trip Kilometer) considered for sector is 2480.

2. Tenderers will be listed in ascending order as per their ranking. The list will include all The technically qualified tenderers in the ranking based on the rates quoted by them along with the number of Tank Trucks offered.

3. i) HPC reserves the right at its sole discretion to reject unworkable/ unviable

Rates quoted by tenderers. Such tenderers will be treated as disqualified

and will be rejected. The decision of HPC in this regard will be final and

binding.

4. In case, rates offered by L-1 tenderers are acceptable to HPC, Tank Trucks offered by the L-1 tenderers will be allocated up to the offer made.

5. In case, rates offered by L-1 tenderers are on higher side, negotiations/ counter offer exercise will be carried out with such tenderers. Tank Trucks offered by these tenderers will be allocated at the revised rates accepted by them during negotiations/ counter offers.

6. In case, Tank Trucks offered by L-1 tenderers is not meeting full requirement then negotiations/ counter offer exercise will be continued with the other tenderers in order of their ranking till full requirement of Tank Trucks is met.


7. In case, for a particular ranking, Tank Trucks offered are more than the requirement then the Tank Trucks will be taken on proportionate basis with minimum one owned Tank Truck from each tenderer subject to the tenderer’s original ranks falling within the required range.

8. At a particular ranking, Tank Trucks offered by technically qualified SC/ ST tenderers shall have preference as per Govt. of India directives.

9. In case it is observed that all the tenderers or a group of tenderers have quoted in cartel ,HPCL reserves the right to reject some or all the bids of the tenderers who have quoted in cartel, without assigning any other reasons for the same.

7. NEGOTIATIONS:

1. HPC reserves the right to negotiate with any or all the tenderers.

2. Tenderers may be required to visit HPC office for negotiations/ verification of documents, entirely at the cost of tenderers.

3. Only the proprietor of the firm or the legally authorized representative of the firm may personally attend such negotiations, as commitments made and/ or clarifications given during the negotiations will be binding on the tenderer/s. He/ She should carry the necessary authorization to attend such negotiations and to hand over an authenticated copy of the same to HPC’s representative/s participating in negotiations.

4. Originals of the documents submitted as copies along with the tender documents, as well as documentation to substantiate statements made in the tender document are to be produced for verification by HPC during negotiations or at any other time at the discretion of HPC.

8.0 AGREEMENT Successful tenderer, before undertaking the work, would be required to execute the Agreement within 15 days from the date of confirmation of award of contract by the Corporation, failing which Corporation may forfeit the EMD without prejudice to its rights and cancel the award without giving further notice. Agreement would strictly be in accordance with the tendered terms and conditions.

9.0 SECURITY DEPOSIT

9.1 Successful tenderer would be required to furnish a Security Deposit in the form of Bank Guarantee for Rs. 15 Lakhs within 15 days of issuance Letter of Intent / Confirmation of award of contract by the Corporation, failing which, Corporation may forfeit the EMD without prejudice to its rights and cancel the award without giving further notice. The Bank Guarantee should be drawn on any Nationalised / Scheduled Bank other than co-operative banks.


9.2 Any loss damages arising out of the contract may be recovered from contractor’s running bills of the contract or running bills of any other of his contract with the Corporation.

10.0 RESERVATION :

(a) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Schedule Caste (SC) and Scheduled Tribes (ST) respectively on all India basis.

(b) The members of SC/ ST desirous of offering the Tank Trucks will have to participate in the tenders floated by the Oil company.

(c) The SC/ST members should fulfill all tender conditions, and will not be eligible for any price preference or relaxation of standards.

(d) If adequate numbers of Tank Trucks offered by SC/ ST tenderers are not available in any particular year, the unfilled quota may be allotted to the unreserved categories in that year. However the unfilled quota may be carried forward to the next Tender also and offered to SC/ST candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories.

(e) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. or a Cooperative Society, or any other, should have all the partners or members of private / Public / Cooperative firms belonging to the same category without exception, i.e. either SC or ST as the case may be.

(f) Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm should be enclosed as proof along with the Technical bid.

(g) In the event of any of the members failing to submit the caste certificate as proof of belonging to SC/ ST category, the tender will be treated as a general category tender.

(h) The registered owner/s of the Tank Trucks offered by the SC or ST tenderer/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the tenderer is issued LOI/ Work Order under SC category, all the registered owners of the Tank Trucks offered against the particular LOI/ Work Order must also belong to SC.

(i) If any of the Tank Trucks offered do not belong to a member of the category concerned, i.e. SC or ST, as the case may be the tender will be treated as under general category.

11.0 COMMENCEMENT OF TRANSPORTATION:Contractor will be entrusted with transportation after LOI is issued as per rates finalized , terms and conditions of the Tender.

12.0 CONTRACT PERIODThe contract shall be for a period of One year effective the date of LOI with an option for extension for a further period of one year at HPCL’s discretion at the same rates, terms and conditions.

13.0 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) Assign the offered and accepted tank trucks to any other contract in any Other region on any route temporarily or permanently and the decision of the Corporation will be final and binding on the successful tenderers/Contractors.5) Engage additional contractors at any time without giving any notice whatsoever to the contractor/s already appointed against this Tender.6) Send loads in customer nominated transporters’ tank trucks wherever such recommendations are received from the Customers in writing.

14.0 HPCL reserves the right to accept or reject any offer without assigning any reason whatsoever.

SIGNATURE ________________

NAME _________________

NAME AND ADDRESS OF THE FIRM _________________

ATTACHMENT – 2

CREDENTIAL BID

STATEMENT OF CREDENTIALS Tenderers should fill their technical offer by way of providing all information as follows :

Sr No

Details Details/ Page Number of submitted tender

1 Name of the firm

2 Nature of the firm (State whether Limited Co,Partnerhship/,Coop Scty or Sole proprietor.Photocopies of documents confirming constitution of the firm to be enclosed)

3 Year of EstablishmentSIGNATURE & SEAL OF THE TENDERER

16

4 Registration Number, if any5 Registered Postal Address 6 Telegraphic Address, if any7 Telephone No.(s) Fax No. (s) E-mail address if

any8 Address of Branches, if any9 Permanent Account Number (PAN) for Income Tax10 Name of Bankers & Branch with full address11 Type of Account & A/C. No.12 Names (s) of Person(s) Operating the bank

account13 Names of authorised representatives of firm

Note : Power of Attorney signed by all Directors/Partners/Proprietor in favour of authorised person signing tender documents must be enclosed (Attachment 12)

14 Were you associated with HPCL in any other contract in the past. If yes provide details

15 Are you currently having any contract with HPCL. If yes provide details

16 Have you transported Naphtha In previous three years , if yes provide details

If yes, pl provide documentary evidance

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

18 No. of Tank trucks operating under the firm

19 Details of Tank trucks owned by the tenderer against tender - furnish details as per Attachment 5 for attached tank trucks.

20. We confirm that neither tenderer nor any Tank Truck offered are blacklisted by any Oil Company

Confirmation on letterhead duly signed by authorized signatories

21 We confirm that neither tenderer nor any Tank truck offered are involved in any litigation, which would render the performance of any obligation impossible in case the contract is awarded to us.

Confirmation on letterhead duly signed by authorized signatories.

I / WE do hereby certify that the information as provided above is correct and true in all respects.

SIGNATURE _____________________NAME ______________________


SEAL FIRM’S NAME &DATE ADDRESS

ATTACHMENT – 3 A

DECLARATION OF THE TENDERER

I/We hereby offer the firm rates in the Rate Schedule attached.

The Earnest Money Deposit (EMD) of Rs. ___________ has been paid by me / us vide Demand Draft No. ___________________ dated _____________ / Bank Guarantee dated _______________. It is agreed that the said amount so deposited is refundable to me/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 by and fulfill the terms and conditions set out in the general and special 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. : ______________________

ATTACHMENT – 3-B

DELCLARATION

I/We _________________________ hereby declare/clarify that we have not been banned or delisted by any Government or quasi Government Agencies or Public Sector Undertakings

Stamp & Signature of the bidder

Note : If a bidder has been banned by any Government or Quasi Government Agencies or PSUs, this fact must be clearly stated with details. If this declaration is not given along with the UNPRICED Bid, the tender will be rejected as non-responsive.


ATTACHMENT – 3-C

DECLARATION

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___________________

Tenderer's Name and address with seal___________________

ATTACHMENT –3DDETAILS OF RELATIONSHIP WITH HPC DIRECTORS, ETC.

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

Organizational structure Part of the form applicable.

Sole Proprietor PART – APartnership Firm PART – BCompany Private / Public / Co- operative Society. PART _ C

PART – A(Applicable where Tenderer is Sole Proprietor)

1. Name:2. Address: 3. State whether tenderer is related to any of the Director(s) of HPC: YES / NO4. If ‘ YES ‘ to 2, State the name(s) of HPC Director(s) and Tenderer’s relationship

with him / her.


Strike off whichever is not applicable.

Date: Signature___________________ Name of Person signing___________________

Tenderer's Name and address with seal___________________

PART – B(Applicable where the Tenderer is a partnership firm)

1. Name of the partnership firm responding to the tender:2. Address:3. Names of partners:4. State whether any of the partner of the tenderer is a Director of HPC:

Yes/No5. If ‘Yes’ to (4) state the name(s) of the HPC Director(s).6. State whether any of the partner of the tenderer is related to any of the

Director(s) of HPC: Yes/No7. If ‘Yes’ to (6) state the name(s) of HPC Director(s) & the concerned partner’s (of the tenderer) relationship with him/ her.

Strike off whichever is not applicable.

Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

PART – C(Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative

Society)1. 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 Society5. State whether any of the Director Of the Tenderer/ Company is a Director of

HPC: Yes/No1. If ‘Yes’ to (5) state the name(s) of the HPC Director(s).7. State whether any of the Director of the Tenderer Company is related to any of

the Director(s) of HPC: Yes/No8. If ‘Yes’ to (7) state the name(s) of HPC Director(s) & the concerned Director’s

(of the tenderer Co.) relationship with him/her.

Strike out whichever is not applicable.

Date: Signature___________________ Name of Person signing__________________

Tenderer's Name and address with seal_________________ LIST OF RELATIVES


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

iii) The one is related to the other in the manner indicated below.1. Father2. Mother (including Step Mother)3. Son (including Step Son)4. Son’s Wife5. Daughter (including Step Daughter)6. Father’s Father7. Father’s Mother8. Mother’s Mother9. Mother’s Father10. Son’s Son11. Son’s Son’s Wife12. Son’s Daughter13. Son’s Daughter’s Husband14. Daughter’s Husband15. Daughter’s Son16. Daughter’s Son’s Wife17. Daughter’s Daughter18. Daughter’s Daughter’s Husband19. Brother (including Step Brother)20. Brother’s Wife21. Sister (including Step Sister) 22. Sister’s Husband

ATTACHMENT -4

Special Terms and Conditions.

1. Scope of this job is Transportation of Naphtha in Bulk ex-Mahul Terminal, Mumbai to NTPC Ltd, Auraiya Gas Power Project, Auriya, Pata 206241, UP

2. The above job is inclusive of Loading, Transportation and unloading of the product at customer’s site.

3. The T/T’s used by the transporter for the above job should not be earlier than 2001 model & it should be sound in all respect, i.e. in roadworthy condition, in conformity with Inspector of Explosives regulations and other local bodies’ requirements. The T/T’s should be calibrated to meet RLW norms & should have necessary locking arrangement and driven by licensed drivers, etc.

4. The Transporter’s T/T capacity has to be minimum of 18 -20 KL (with Explosive Licence) in multiple compartments. All supervision, Labour, tools etc. to be arranged by the transporter and also ensure safe and efficient handling of the Corporation’s products.

5. The successful Tenderer should provide the Registration No. of the T/T’s offered along with a copy of RC book.

6. The Contract shall be valid for a period of one year or till expiry of Purchase Order quantity whichever is earlier. If there is balance quantity after expiry of PO/LOI, Corporation may consider extension of PO/LOI by one more year at same rate,


terms and condition at its sole discretion. Corporation in its absolute discretion and without prejudice of its other rights and remedies may terminate this contract forthwith if the transporter commits a breach of any of the terms and conditions of this agreement or a transporter being a firm, any member of the transporter’s firm is adjudicated insolvent or enters into any arrangement of compromise with the creditors or if execution or any other process is levied or if the road permits issued by the Transport Authorities to the contractor are cancelled or revoked.

The corporation also reserves the right to terminate the contract at any time before expiry of the contract without assigning any reasons whatsoever.

The Transportation Contract shall commence with immediate effect (from the date of LOI)

7. Product handed over to the transporter for transportation shall be under his custody and he will be solely responsible for the quantity and quality of the product until the Product is delivered to the customer in safe condition and receipt for delivery is obtained from the customer. Any loss of product or short delivery booked by the customer shall be debited to the transporter’s bills. In his own interest, it is advised that adequate product insurance be arranged by the transporter for any product loss in transit due to pilferage, accident, theft, etc.

8. Your offer should be valid for minimum 180 days from the due date for opening of tender for our acceptance.

9. All taxes, insurance and other charges, as applicable to the vehicle, shall be the sole responsibility of the transporter.

10.It shall be the responsibility of the transporter to ensure that the documents are complete in all respects and accompany the T/T before it leaves the Corporation’ shipping location for loading/unloading at the location. The transporter should comply with the provisions of Motor Vehicle Act 1988 and amendments thereto.

11.The corporation will provide the transporter with transport work hereunder as and when it considers necessary.

12.Nothing herein contained will prevent the corporation from engaging any other parties to carry out transportation work similar to the work entrusted to the transporter hereunder.

13.Corporation reserves the right to appoint as many contractors as required to meet the requirement of 150 tank trucks for executing this contract.

14.The transporter shall make arrangement to take delivery of the product to the transported ex-Corporations storage points within 24 hours of advice in writing, failing which the corporation reserves the rights to make immediate alternate arrangements for transportation and the differential freight amount, will be recovered on current basis. If at any time during the currency of this agreement, the transporter fails to transport the products as provided therein above to perform the various other obligations, the corporation will make alternate arrangements from other transporters to perform the obligations and transport


the products and the transporter undertakes to reimburse additional transportation cost to the corporation in this connection.

15.Corporation reserves the right to refuse loading of T/T’s placed after 24 hours of scheduled day of placement.

16.Tank trucks will have to report at the required shipping location at 8.00 hours for lifting the loads and will have to be available till end of 2nd shift if required.

17.If in case any of the transporters not placing T/T’s as required, HPC will have the option of making alternate arrangements on the spot and any additional liability arising out of such operation shall be debited to the transporter.

18.Corporation does not guarantee any minimum off take during any day for the tank trucks provided.

19.HPC shall not pay any detention charges for delay in unloading of T/T’s due to reporting of the tank trucks at receiving locations after their goods receiving time.

20.The transporter will not refuse to transport any documents or sealed sample containers.

21.The applicable octroi has to be paid by the party and the same shall be reimbursed to them on submission of original receipt.

22.Payment Terms: for service rendered by the transporter shall be within 15 days from the date of receipt of bill in the Mahul Terminal, duly supported by proof of delivery of product.

23.A penalty of Rs. 50/- shall be levied for every prescribed form lost.

24.If the transporter fails to submit his/their bills for payment within 30 days as mentioned above, the corporation shall have the right to deduct as and by way of liquidated damaged as amount equal Rs. 25/- per bill.

25.(A) Details of bills pending payment for more than two months should be advised to the corporation on a monthly basis and the corporation will endeavour to settle them at the earliest.

(B) Bills received after six months from the date of delivery will not be entertained by the corporation.

26.A penalty of Rs. 50/- will be levied in case transport charges copy gets lost, unless satisfactory explanation is given by the transporter. Further, the transporter should provide documentary evidence to prove that the delivery was made intact.

27.Penalty of Rs. 100/- per transaction shall be levied, for each one of the following lapses on the part of the transporter:

(a) Duplicate billing for the same transaction.


(b) Claim or bill for services not rendered by the transporter himself.

28.The corporation may, in its sole discretion, waive the above penalties/lapses of the carrier tenders satisfactory explanation for the lapse in question.

29.The transporter shall undertake movement of the product without transshipping. However, if transshipment is inevitable, the transporter shall obtain permission of the corporation before handling the product and also ensure that adequate care and precautions are taken to ensure safe handling of the product.

30.The transporter shall be responsible for loss or damage to the product. The corporation shall recover from the transporter full value of loss/damage/contamination in transit of the product by deducting from his outstanding bills.

31.The transporter shall ensure that the product is delivered at the destination promptly. For belated deliveries exceeding two days of the prescribed delivery periods, the corporation reserves the right to impose a penalty at the rate of 5% of the cost of the transportation charges, per day of delay and such penalties shall be recovered from the transporter’s bills, unless satisfactory explanation given by the transporter for the delay.

32.It must be clearly understood that transit insurance coverage, if any, will be the sole responsibility and at the cost of the transporter. The corporation does not and will not insure the product under transit risk or to reimburse the transporter for the same.

33.The transporter shall abide by the provisions of the Ministry Wages Act; Contract Labour (Regulation & Abolition) Act 1970, Employees’ State Insurance Act and all other applicable laws/regulations made under such laws and shall absolve the Corporation of all or any liability in respect of his employees or their dependents. If the corporation required to pay any amount to the transporter’s employees to any statutory body, in connection with the employment, the transporter’s employees under any law, the same will be reimbursed by the transporter to the corporation.

34.During the pendency of this contract, if any accident arises by reason of any act of negligence, omission, default or non compliance with any regulations or notification of Government, Explosives Department or local authority/terminal authorities on the part of the transporter, his representatives or employees resulting in death or injury to any person including any employee of the corporation or the transporter or injury or damage to the property of any person of the Corporation, then in such an event, the transporter will be liable to pay compensation any person including the employees of the corporation or person or property as mentioned above. The transporter agrees that he shall also in such an event, indemnify the corporation from any demand, claim or proceedings, occasioned or instituted by any such injured person or, any one of his behalf against the corporation.

35.No detention charges are applicable at the loading and unloading points.


36.Transit insurance will be at carrier’s risk. Transporter has to place tank truck within 24 hrs. Of receiving intimation failing which HPCL will make alternate arrangements on ad hoc basis and additional cost if any will be recovered from regular transporter’s running bills.

ATTACHMENT - 5

DETAILS OF TANK TANK TRUCKS TANK TRUCKS OWNED

Please furnish here the details of Tank trucks owned by you, which can be positioned immediately for operation under this contract. Duly attested xerox copies of R.C. Books for tank trucks owned by you should be attached for proof of ownership.

The tank trucks should not be earlier than 2001 model on the due date or extended due date of the tender.

Sr.No RTO Regn No

Make & Model

Engine No

Chasis No.

Capacity in KL

Owned or attached

Name of the owner

For Tank Trucks not owned by the tenderer, an affidavit from owner of the TT in the format given below with tender document is required to be enclosed in addition to documents required as per Technical bid.

Age of Tank truck offered should not exceed 8 years as on the date of commencement of contract.

SIGNATURE __________________

NAME _________________

NAME AND ADDRESS OF THE FIRM _________________


______________________________________________________________________________________

Attachment 5.A

UNDERTAKINGWe declare as under:

1. That the Tank Trucks offered under contract to HPC/ Zone/ Region/ Location has not been withdrawn from any other contract with any other Oil Company or any Zone/ Region/ Location of the HPC.

2. That the Tank Trucks under reference are not attached with any other Party/ Contractor/ Distributor and have not been withdrawn without their prior consent.

3. That the subject Tank Trucks are not involved in any litigation other than routine cases of road accident or any violation of Motor Vehicles Act.

4. That we have not been blacklisted so far by any of the Oil Company.5. We further confirm that the details as furnished by us have been verified and found

correct. We undertake to place the Tank Trucks at the disposal of HPC in case the contract is awarded in our favour. If any information is found to be incorrect, the contract if awarded to us shall be liable to be cancelled and we shall be liable to pay to the Oil Company such damages/ losses/ claims as HPCL may put to due to termination of the contract. We also undertake that should there be any action against HPCL resulting in damages of whatsoever nature to HPCL on account of award of contract in our favour on the basis of the misrepresentations, we shall keep HPCL completely indemnified against all the claims/ losses/ damages/ litigations/ court action etc.

Date: Signature___________________

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

_____________________________________________________________________________________Attachment 5.B

(On Non-Judicial Stamp Paper as prescribed in the respective State)

AFFIDAVIT

I / We ______________________________ S/O Shri________________________ resident of _____________________________ do hereby solemnly affirm and declare as under:

1 That I / We are the owners of Tank Truck no. ________________ having capacity _______ Kiloliters bearing engine no. _______________ Chassis No. _________________ make and model _________________.

2. That I / We have attached / shall keep attached the above mentioned Tank Truck with M/S __(Name of the tenderer)____ till the validity of Bulk Naphtha road transport Contract


awarded by ___ (Name of the Company)___ in favour of M/S ___(Name of the tender)___.

3. That during above period, M/S ___(Name of the tenderer)___ alone shall have all the rights of operating the said Tank Truck and receiving consideration for such operation.

DEPONENTVERIFICATION

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing has been concealed therein. DEPONENT

Verified at _____________________ on ______________________________Notary Public

ATTACHMENT - 6

ROAD TRANSPORT AGREEMENT FOR BULK NAPHTHA BY ROAD EX-MAHUL TERMINAL, Mumbai , TO NTPC, AURAIYA, UP

THIS AGREEMENT made ______________ day of ________ 2009 between

M/s. Hindustan Petroleum Corporation Limited a Company registered under Indian Companies Act, 1913/1956 having registered office at Petroleum House, 17 Jamshedji Tata Road, Churchage, Mumbai 400 020 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART and M/S _______________________________________ a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE CARRIER” or carrier (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART.

WHEREAS the Company is engaged in refining Crude oil and storing, distributing and selling of the petroleum products and for this purpose require tank trucks for transportation of bulk petroleum products from their various storage points to customers / other storage points.

WHEREAS the Carrier is engaged in the business of operating tank trucks and is interested in above transportation job of the Company.

Now therefore, it is agreed between the parties as follows: -

1. The Carrier will provide the Company with _____ no. of tank trucks for transporting Naphtha in Bulk as per LOI/Work Order issued by HPCL. Carrier has certified that it is the owner and / or sufficiently entitled to operate these tank trucks throughout the Agreement period and these tank trucks are not


under Agreement with any other party. Further, these Tank trucks shall remain under exclusive use with the Company throughout the Contract period.

2 (a) each of the tank truck would be attached to a particular loading location / storage point of the Company as per LOI / Work Order issued by the Company. The tank truck would be required to carry bulk petroleum products from that particular loading location (-----------) to Company's consumers / other storage points as would be instructed by the Company from time to time. (b)In case of exigency, Company would be entitle to utilize any tank truck attached to a particular loading location for movement of petroleum products from another loading location to Company's retail outlets/ consumers / other receiving locations which are normally fed from that base loading location, where the tank truck is contracted. In such event the rate as detailed in LOI/Work Order issued to the carrier at the base loading location shall be applicable. In case of any dispute arising out of such movement the terms & conditions including Arbitration Clause of this agreement would be applicable.

(e) In case the Company desires to change the basis of loading of tank truck i.e. volume to weight or vise versa, the transportation rate shall be altered considering the standing conversion factors applied by the Company.

(f) Company shall be free to engage one or more additional carriers either to run concurrently or separately for transportation jobs from the same loading locations.

3. Carrier will ensure that tank trucks listed in the LOI/Work Order are always:

(a) Maintained in sound mechanical conditions and having all the fittings up to the standards laid down by the Company from time to time.

(b) Meeting requirement of the Company as regards safety and operational norms e.g. Company may require that tank trucks are painted in particular specification, epicoated and/or chambers are cleaned periodically, additional declarations are made in Emergency Information Panel, colour code band, logo and advertisement of the specified brand names as directed by Company from time to time etc. is painted at the cost of carrier. The carrier will ensure that panels are provided on the tank trucks for display of Company brand as specified by Company on regular basis.

(c) Conform to the statutory regulations like Indian Petroleum Act, Petroleum

Rules, and Motor Vehicle Act etc. as applicable from time to time.(d) Properly calibrated / stamped under the Weights & Measures Act. These shall

be calibrated for single capacity up to maximum permitted under Motor Vehicles Act. Company would be entitled for insisting for calibration at Company's premises at the cost of Carrier.


(e) Have adequately trained Crew (driver and cleaner) for efficient operations. The driving licence of the drivers should be endorsed for transportation of hazardous goods.

(f) Have the Crew wearing uniforms, safety shoes & safety helmets

(g) Be equipped with sufficient number of rubber hoses having suitable couplings at both ends, bonding/earthing with heavy duty crocodile clips & dip-rods duly certified by Weights & Measures Department.

(h) Covered by Comprehensive Insurance Policy.The officials of the Company would be entitled to inspect at any time, the tank trucks and/or the documents the Carrier/its crew is liable to carry under any statute/ regulation or this Agreement. Further, Carrier shall submit to the Company certified true copies of calibration certificate and Explosive Licence and their renewals for every tank truck.

4(a) the tank trucks listed in the LOI/Work Order will be made available to the Company at all times during the Agreement period at the loading location.

(b) In case any of the tank truck is not made available by the Carrier on any day, Company would be free to use the services of any other tank truck and recover the difference in transportation charges from the Carrier.

(c) In the event of breakdown or major repair of any of the tank truck, Company at its sole discretion, may accept any other tank truck of the Carrier for the period of break-down/major repair. Further in the event carrier request for the replacement of tank truck/s, Company at its sole discretion may accept the same.

(d) Age of the tank trucks offered should not exceed 8 years during the contractual period. Company shall remove the tank trucks attaining at the age of 8 years during the contractual period. Carrier will ensure replacement another tank trucks having age of less than 8 Years in 30 days. In case carrier fails to provide replacement within 30 days, Company will be free to engage any other tank truck.

5(a) Carrier will be responsible for all taxes, levies and other cost of running the tank trucks/transportation business, which shall also include-

i) Salary, wages and other benefits and claims of Crew of tank trucks and all members of Carrier's staff;

ii) Payment of road tax, insurance and any other fees like permit, route fee etc., levied by statutory authorities;

iii) Cost of fuel, lubricants, tyres, repair etc;iv) Calibration fees and other fee payable to Weights & Measures Department;

(v) Compensation or any other benefit payable to tank truck Crew and it’s other staff or third party under any statute or regulation both under regular working and arising from accident etc.


(b) Carrier shall keep Company indemnified in respect of above. In case, Company is made liable to pay any part of above cost, the same shall be recovered from the Carrier. The Company shall not be obliged to contest any claim made upon it for payment.

(c) It is agreed that the tank trucks covered by this Agreement shall operate at the sole risk of the Carrier. In no case, Company would be held responsible for any loss or damage done to / by the tank truck while on the Company's work or parked in their premises or any where else.

(d) Carrier shall make their own arrangement for parting of their vehicle overnight and / or during holidays.

(e) Carrier shall comply with all statutory provisions relating to his trade / business / profession including his own employees or employees engaged by the carrier and Oil Company shall not be responsible for his omission or commission

6(a) The Company will pay to the Carrier for transportation work under taken from the loading location at the rates detailed in LOI/Work Order. This rate shall be valid for all roads and weather conditions and are calculated from loading locations.

(b) The above rates are subject to escalation / de-escalation as per formula given in “Unpriced Bid format”

(c) (i) Octroi charges levied on the product would be reimbursed by the Company against production of original receipts. (ii) The payment shall be tendered to the contractor in electronic mode(e- payment) Through any of the designated banks. The contractor will comply by furnishing full particulars of bank account (mandate) to which the payments will be routed. Owner reserves the right to make payment in alternate mode also.

(iii) Entry / Transit / Bridge / Toll (Pathkar) taxes paid by the Carrier for their Tank

Trucks while transporting petroleum products under this Contract would be reimbursed by the Company on round-trip basis subject to production of original receipts for payment. Company's decision whether any charge is reimbursable or not would be final & binding on the carrier.

(d) The transport charges payable under this Agreement are based on shortest route approved by the Company on the round trip basis (called RTKM). A list of current RTKMs applicable to storage points where subject tanks trucks are available with concerned storage point. Company would, however, be entitled to revise these RTKMs from time to time, including retrospectively, which would be binding on the Carrier. Difference in transportation charges arising out of this revision will be recoverable/payable from the date of Agreement or effective date of such revision, whichever is later.

(e) Company reserves the right to use the Tank trucks on their return trip based on Company's own operational convenience/requirement for delivery of


petroleum products. Payment in such case would be made only to the extent of any additional distance covered beyond the normal RTKM route for which the movement was undertaken.

(f) The procedure for payment of transport bills and reimbursement of entry / transit / bridge / toll tax /octroi charges prevalent in the Company from time to time would be binding on the Carrier.

(g) The Company has not guaranteed any minimum billings/mileage or loads for any period whatsoever. Hence, Company will not be responsible for their inability in offering any load on any day or during any particular period and no idle charges etc. would be payable.

(h) The Company will endeavor to arrange unloading of the Tank trucks within reasonable time. However, no detention charges etc. Are payable if, for any reason, such unloading is delayed at the receiving locations.

7(a) The Carrier shall deposit a sum of Rs.15 Lakhs as Security Deposit for due fulfillment of terms of this Agreement. This sum shall not bear any interest.

(b) Company shall be entitled to adjust any sum due to it from the Security Deposit amount and/or any transport / other charges/dues pending for payment to the Carrier against any other contract. The decision of the Company will be final and binding on the carrier.

8. (a) The Carriers will be responsible for loading and discharging of the tank trucks. All the instructions of the Company with regard to the same would be binding on the Carrier.

(b) Only the Crew of the tank truck and authorized representative of the Carrier shall be allowed entry inside the Company’s loading / unloading locations.

9.1 (a) The Carrier shall be responsible for quantity and quality of the products received by him for transportation. Acknowledgement by any member of Crew of the tank truck or by any other authorized person of the Carrier by way of signing on the Challans or any other Dispatch Document would be sufficient proof of acceptance of product quantity and quality by the Carrier

(b) The Carrier/Transporter will make good to the Corporation for the loss of any of

the Company’s products while in their charge, irrespective of the reasons for such loss. The amounts payable to the Corporation on this account shall be at the prevailing rate of Naphtha on the date of loss and other incidental outgoings suffered by the Corporation and will be deducted from Carrier’s bills.

(c) The Carrier/Transporter shall be totally responsible for delivering the correct quality and quantity of the product as per invoice at the destination specified. The Carrier’s/Transporter’s driver should satisfy himself regarding the Weights/dips/temperature and quality prior to the sealing of the tank truck(s). In the event of any loss of product recorded at the destination, due to weighments/volume (dips and temperature), the cost of such shortages will debited and recovered as per (d) below either from the Carrier’s/Transporter’s bills, if any with the Corporation or shall be made good directly by the


Carrier/Transporter or will be adjusted against any deposit or other amounts payable to the Carrier/Transporter, or against the Security Deposit furnished by the Carrier/Transporter against the Contract.

(d) The transit losses shall be computed by the Corporation on the basis of volume/weight (dip and temperature) at the loading storage point minus volume/weight (dip and temperature) at the Receiving Storage Point. The decision of the Corporation regarding the assessment/determination of the losses by volume/weight (dip and temperature) shall be final and binding on the Carrier/Transporter.

(e) Once the truck leaves Corporation’s loading storage point, it is the responsibility and accountability of the Carrier/Transporter to ensure that correct quantity/quality is delivering at destination.

9.2 In case of variation in quality, Company at its' discretion may dispose off the contaminated product. All expenses/losses and cost of product in this connection as determined by the Company shall be recoverable from Carrier.

(a) Carrier will allow representative of Company and Party, to whom products are being sent, to travel with him.

10. Carrier will be responsible for ensuring that -

(a) Rules and regulations of the Company in force are followed by him, his staff and Crew of tank truck.

(b) All fittings in TT should be ISI marked and each TT should carry one portable ISI marked 10 Kegs DCP fire extinguishers in an easily accessible position away from the TT unloading facilities and one portable 1 Kg CO2 / DCP / Approved equivalent fire extinguisher in drivers cabin. Company may ask for additional fitting / equipment as per requirement.

(c) Each TT should have double pole wiring system and should have security system arrangement as required by the company.

(d) Any security system (for e.g. LOCKING SYSTEM) decided by the Company to guard against any malpractices will be unconditionally accepted by contractor. Cost of modification/ modifications of fittings if any on TT will be borne by carrier. Carrier shall be responsible for safety / maintenance of such security systems.

(e) (i) Any position tracking system (e.g. global tracking system) decided by the Company to track the movement of the tank tank truck will be unconditionally accepted by the carrier and installed the same in the tank tank truck. Cost of modification/modifications of fittings if any on TT will be borne by the carrier, carrier shall be responsible for safety / maintenance of equipment and incase the equipment is lost/damage due to any reason the carrier shall replace the at their own cost.

(ii) HPCL is implementing the sealed parcel delivery system for all the Tank Trucks transporting Naphtha to the customers. HPCL will install the the equipment, but the cost of the equipment and installation charges at actuals, will be recovered from the transporters. It will be the responsibility of Transporter for ensuring safekeep of the equipment mounted on the TT as part of the sealed parcel delivery system. Cost of modification / modifications of


fittings if any on TT will be borne by the Carrier. Carrier shall be responsible for safety / maintenance of the equipment and in case the equipment is lost / damaged due to any reason, the Carrier shall replace the same at their own cost.

iii) As per the Gazette Notification dtd. 16.09.2005, all the N2 (Gross Vehicl weight

between 3.5 T to 12 T )and N3 (Gross Vehicle weight more than 12 T) category vehicles other than tractor-trailer combination manufactured on and after the Ist day of October 2006, meant for carrying hazardous goods and liquid petroleum gas shall be fitted with Anti –lock Braking System conforming to IS: 11852 : 2003 (part 9).

However, HPCL requires that all the vehilcels offered by the tenderers for transportation of petroleum products are fitted with the Anti-lock Braking system conforiming to IS :11852 : 2003 (part 9) irrespective of the year of manufacturer.

iii) Branding of Tank trucks: Branding of tank truck as per approved design shall be made by the tenderers at their own cost. Actual design/layout will be supplied by HPCL to the tenderers at the time of finalization of contracts. Logo, promotion graphic & lettering shall be made with vinyl & vehicle painting with approved make paint of Berger, ICI , Asian make in approved colour.

Technical Specification of Vinyl : Digital printing on 180-C series vinyl (3M make ) on HP Machine for Tanker graphics. The base vinyl shall be over laminated by 8519 series ( 3M make ).

Technical Specification of painting on body of tank

One coat of protect mastic paint ( base course) - 1x100 micronTwo coat of PU base High gloss enamel paints - 2x 40 micron

All the above branding activities have to be carried out every year. In case the transporter do not carry out, the same will be carried out by HPCL at the risk and cost of the transporter and an amount of Rs 15000/- per Tank Truck will be recovered from the transporter. Each time the transporter defaults, amount shall be recovered separately.

Sample picture of a branded TT is given below.


iv) TT fittings for Dome cover and Bottom Valves : Tank Truck Fittings for Dome Cover and Bottom Valves have to be installed by the tenderers at their own cost. Actual drawings, technical specifications of the fittings as required will be supplied by HPCL to the transporters.

Sample picture of a TT fittings, Dome cover and Bottom valves are given below.

Dome Cover:

OPEN CONDITION

CLOSED CONCITION


BOTTOM FITTINGS: (Protection for the Bottom valves)

(f) Tank Truck delivers the product to the consignee specified.(g) The Crew has the correct delivery documents. (h) Tank Truck follows the normal / approved route from loading locationto

receiving location.(i) Average trip-time is maintained.(j) Signature of recipient is obtained on the delivery documents.(k) Wherever required by Company, collect cheques / draft / bank-slips etc from

the recipient after ensuring that remittances are correctly drawn.(l) Handover receipted delivery documents and remittances pertaining to

deliveries made, to the Company on the same day and before accepting next load. In case, return of Tank Truck is delayed for any reason whatsoever, such documents and remittance are reached to the loading location within 24 hours of completing the delivery.

(m) Each TT shall be painted with the name of the transporter / firm with 4” letters in bands on both side of TT.

10. The tank trucks offered by successful tenderes shall be inspected by third party. The third party certification may be done through one of the following agencies and cost shall be born by the concerned transporters.

1. Bureau Veritas (I) Pvt. Ltd., Mumbai

2. KPMG Advisory services Pvt.Ltd. Mumbai

3. Det Norske Veritas , Mumbai

4. TUV India Pvt. Ltd., Mumbai

5. SGS India Pvt. Ltd. Mumbai

6. International certification services (Asia) Pvt. Ltd. Mumbai.

The list may be altered at the discretion of HPCL.It shall also be mandatory to get the tank truck inspected by one of these agencies after every renewal of calibration and explosive licences. The inducted tank truck will not be considered for


business, unless duly certified by one of these agencies for all desired fittings, including inspection of shell thickness etc.

The check list is as below. 1.0 Security locking system :

The tank trucks are provided with the security locks in the delivery valves as well as in the top dome covers. The security locks have the unique feature of master key maintained with the supply locations and dealer specific keys at the receiving ends. Scope of inspection includes to ensure that the security locking system is not tampered with and all the empty and loaded trucks reach / leave the premises with the locking system intact in the tank lorry as per the security locking manual (already provided with the locations.)

2.0 Delivery Valves :Each of the compartments is provided with a set of delivery valves. In both empty and loaded condition the valves are tightened to the maximum and the stem wheel is locked with security locks (either Ebloy or Godrej make). In all the Tank Trucks a brass strip with Y rod welded on it, is provided for connecting all the stem wheels, and locked with security locks with each of the stem wheel, to prevent any rotational movement of the wheels (and there by the valves) when the valves are locked. The joining surface of valve stem and wheel are perfectly welded / brazed, to avoid any upward/ downward movement between stem and wheel. In addition, Y rods are provided to further eliminate any chance of wheel movement. During unloading of products the stem wheel along with Y rod is unlocked and product is unloaded. After product unloading, the valve is tightened to the maximum and the stem wheel is locked for the vehicle to come back to the Depot / Terminal. In addition to the locking of the individual delivery valves, all the valves have been enclosed in a box and locked from outside.

It is to be checked that the stem of the valve wheel has not been tampered with. The inspection needs to ensure that after locking of the stem wheel, there can not be any movement of the wheel so that product unloading is not possible.

3.0 VMS (Vehicle Management System) : HPC has implemented / in the process of implementing Vehicle Management system. This system ensures en-route tracking of the vehicle during its journey in the pre-mapped route from the supply location to the destination. Opening of the top Dome Cover and Valve box beyond the allowed 6 mm gap is tracked by the system.

The system basically includes a VMS Box in the TT cabin, antenna, sensors in the Dome Covers and Gate Valve Box. Scope of the inspection includes the following.

i) Check and ensure that the Valve Box in the Cabin and the sensors in the Dome Covers and the Gate Valve Box are intact.

ii) The cables connecting the various units are intact and there is no loose connection.


iii) It is to be checked that the Gap between the Sensor and the Barrier is not more than the specified 5 mm.

iv) VMS Box in the Cabin and Antenna in the top is in good condition.

4.0Branding Of TTs : HPCL as a policy has introduced branding of TTs, both company owned as well as transporters T/Ts at all its locations. This process of branding of TTs is to be completed shortly and it is the responsibility of the transporters to maintain the branded TTs in good condition. Scope of inspection includes the following :

i) Check whether all the jobs pertaining to branding viz painting, logo, promotion graphics & lettering etc have been carried out as per the corporation specifications.

ii) No tampering with the branded look of the TT.iii) The TT has been maintained in neat and clean condition.

5.0 Total Body Inspection : The tank truck is of cylindrical shape. TT calibration has a bearing on the shape of the vehicle. The Inspector is to check the total body of the tank truck to find out any abnormalities, bumps or dents distorting the overall shape of the tank truck.

6.0Dome Cover and manholeEach of the compartments has been provided with 4 nos. of fittings / nozzles viz. Fill Pipe, Dip hatch, Emergency Valve and Pressure Valve at the top. All the 4 nozzles are encased with a Dome cover. Regular Checks includes the following.

i) The Dome covers to be checked for loose welding, gap between the TT top and the dome edge and any hole in the body of the dome.

ii) The locking arrangement and latch of the Dome Cover to be checked for loose welding and to ensure that the locking system is in place.

iii) Besides the above, it is to be checked that there is no additional fittings in the top Dome Cover.

iv) HPC has introduced new Dome Cover Design where the hinge of the cover is encased inside the cover and not visible from outside. Scope of inspection in such TTs, besides the above, includes checking the hinge inside to ensure it is safe, stable and secured. The manhole cover to be opened to check for any concealed compartment.

v) Dip rod datum reference height to be checked for any tampering.vi) Dip pipe contains perforations through out its length which needs to be

checked and confirmed.vii) The Dip pipe opens to the compartment. During checking open ending of

the Dip pipe to be ensured. viii) The Dip pipe top mouth is welded to the pipe. It is to be checked that the

top mouth is properly welded and not threaded.ix) Whether each compartment of Tank is fitted with independent PV vents

with minimum opening of 3 sq. cms. PV vent shall be procured from CCOE approved manufacturer.

x) Whether vent openings are covered with two layers of wire-mesh of size not less than 11 meshes per centimeter.


xi) Check whether manhole is flushed with the top of the tank shell and all fittings on the manhole base plate are projected above the shell only to the minimum extent necessary.

xii) Fill pipe shall be of mild steel of size 100 mm nominal bore and flange mounted to the manhole base plate. Internally, the pipe shall be extended till almost bottom of the compartment leaving a clearance of 25 mm. Fill pipe shall have not be slotted. However it should have an opening which should be above the maximum level of the tank contents in order to provide a pressure balance.

xiii) Whether inner end of the fill pipe is provided with a splash deflector arrangement (45 deg angular cut).

7.0Vehicle and crew check

i. Whether the vehicle is in possession of two fire extinguishers which are in operating condition (10 Kg DCP & 1 Kg DCP/CO2).

ii. Whether the fire extinguisher provided in T/T is having all desired details i.e. Tank truck registration number, date of servicing along with the due date. The tank truck registration number should be painted on the bottom ring of the fire extinguisher.

iii. Whether the crew is trained for hazardous nature of petroleum products, emergency procedures, emergency communication etc.

iv. Whether the Exhaust is wholly in front of tank truck and has ample clearance from Fuel Oil system and combustible material.

v. Whether approved quality spark arrestors have been provided on the engine exhaust and Muffler /Silencer is not cut off from the exhaust. Spark arrestor should be firmly attached to the exhaust pipe by a proper bolting system.

vi. Whether fuel tank is positioned so that leaking or spilled fuel can directly drain to the ground without impinging on the engine or exhaust system. Also, check whether it is located on the side opposite to the tank lorry discharge faucets.

vii. Whether the fuel tank is protected by stout steel guards and has provision for locking.

viii. Whether the Vehicle Design conforms to the Petroleum rules 2002 and has been approved by CCOE.

ix. Whether the vehicle is in good condition and the RTO has issued a fitness certificate.

x. Check whether RLW is less than registered weight of the vehicle as approved by transport authorities.

xi. Whether the gross and tare weight painted on the vehicle tally with the permit.

xii. Whether the Tank Truck is conspicuously marked on each side and rear, in bold letters at least 7 cm high and on a background of sharp contrasting colour (the word “ flammable” and name of product ) as per UN code.

xiii. Whether maximum net carrying capacity is less than 97% of gross carrying capacity.

xiv. Whether the vehicle has First Aid Box, Tool Box and Emergency Lighting.


xv. Thickness of the TT compartments to be checked (through Ultrasonic Thickness tester) to ensure the same meets minimum requirements as per Petroleum Rues. Min thickness of the plate should be 3.15 mm Distance between two partitions and any adjacent tank end shall not exceed 2500 mm.

xvi. Whether driver is carrying valid driving license, calibration certificate and explosives certificates in the vehicle.

xvii. Whether the Driver has a copy of the standing instruction and TREM card.

xviii. Whether the health checks of T/T crew have been carried out periodically as desired, at least once in six months. Whether eye sight of the driver is good.

xix. Whether the engine is positioned so that it is protected from any spillage or leakage of flammable product.

xx. Whether fusible link which will permit automatic closing of the emergency valves in the event of fire is provided as per specification. Fusible alloy should melt at 93 deg C. in the event of fire.

xxi. Operate the fire extinguisher for effectiveness and record whether it is in good working condition.

xxii. Whether the vehicle has a cut off master switch for electrical system and is in easily accessible position.

xxiii. Whether all electrical circuits including battery terminals have protective insulation along with fuses

11. It shall be mandatory to get the T/T crew trained for safe driving practice,

while carrying hazardous goods from Terminal/ Depots. The subject training programmes will be organized by HPC at the Terminal/ Depots, and applicable charges shall be born by the concern transporter.

12. In case any of the Tank Trucks meets with an accident while it is loaded with Company's product, the Carrier shall:

i) Arrange conveying of information to dispatch storage points as also nearest police station;

ii) Guard the Tank Truck and product till arrival of rescue agencies;iii) Arrange another fit Tank Truck to salvage the product from Accident Tank

Truck;iv) Bring such transshipped / salvaged product to Dispatch Storage Point or

other location as directed by the Company at Carrier's cost.v) Be responsible and liable for loss / claims as determined by the Company.

13 (a) Carrier shall be responsible for any damage or loss caused to the Company’s product or property by negligence or default of it’s Crew, authorized representative or Tank Truck. This will also include confiscation of Company's product delivered to the Carriers by any statutory authorities.(b) The carrier should strictly adhere to Transport Discipline Guidelines as enumerated in Annexure-I to this agreement, and the modification made there to from time to time.


14 (a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right, title and interest under this Agreement for any reason whatsoever, or change the ownership of / their right on the Tank Trucks. (b) The Carrier shall not cause or allow any change in the constitution of its firm without obtaining the previous written consent of the Company.

15. Neither party to this Agreement shall be liable for the non-performance of any of its obligations under this Agreement so far as such non-performance is occasioned by conditions of the force majeure. The Force Majeure means natural calamities like floods, earthquake and other acts of God and riots, etc.

The affected party shall give the notice of occurrence of any such calamities within a period of 24 hours of occurrence of such calamities. The performance of the respective obligations of the parties under this Agreement shall be resumed as soon such calamities, which have resulted in the non-performance cease to occur.

16. This Agreement would be valid for period of one year or till completion of quantity whichever is earlier. However, Company reserves the right to terminate this Agreement by giving two months advance notice without being liable to give any reason or pay any compensation.

Notwithstanding anything to the contrary contained hereinabove, Company reserves the right to terminate this Agreement forthwith upon or at any time after happening of any of the following -

(a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes into liquidation whether voluntary or otherwise.

(b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its' partners.

(c) If road permits or statutory licenses / permissions granted to Carrier / it's Tank Trucks by transport or any statutory authorities is cancelled or revoked.

(d) If any of the information submitted by the Carrier in the tender is found incorrect at any time.

(e) Breach of any of the terms or conditions of this Agreement by the Carrier. (f) If the Carrier commits or suffers to be committed any act which in the opinion

of the Company whose decision shall be final, is prejudicial to the good name / image of the Company or its’ products or its services.

(g) If the Carrier causes disruption in transportation of bulk petroleum products. The decision of Company will be final and binding on the Carrier.

(h) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case, Company does not exercise this option, the Agreement shall continue as between the Company and surviving / continuing partners of the Carrier. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date of death or retirement but shall not be entitled to claim from the company any portion of Security Deposit.


Company shall account for Security Deposit to the surviving or continuing partners. The death or retirement of any partners shall be notified by the Carriers to the Company in writing within 24 hours of such death or retirement.

17. Arbitration:

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

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

3) In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.

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

5) The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.


6) The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

7) The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary.

8) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties

9) Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.

10) The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in English language.

11) The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.

19. This Agreement covers entire understanding between the parties. No alteration / variation of any of the terms of this Agreement shall be valid unless made with the consent of both the parties and evidenced in writing duly signed by authorized representatives of both the parties.

20. All notices and other communications to be given under this Agreement by either party to the other shall unless otherwise specifically agreed be given in writing by Registered Post or hand delivery against acknowledgement to the following addresses of the respective parties.

TO Ch. Regional Manager

Hindustan Petroleum Corporation Ltd.,Lucknow Direct Sales ROPlot no.1, Nehru Enclave, Gomti Nagar, Lucknow, UP.


To, Name of Carrier, Address, __________ __________

Signed and witnessed at ___________ on _________. For COMPANY WITNESS 1.

2. M/s. _____________________ (Authorized Signatory)

For CARRIERSWITNESS 1. 2. M/s. ________________________

(PROP. /PARTNER/DIRECTORS)

Annexure–7 TRANSPORT DISCIPLINE GUIDELINES

I) TRANSPORT AGREEMENT:

A. Tank truck shall not use for any products other than Naphtha & will operate only for the HPCL with whom the agreement has been entered into.

B. Color code band, 6 inches wide, shall be painted on both sides throughout the length of the tank for easy identification of the oil company with whom the tank truck is under agreement. The company color code of the band is as under.

HPC - Signal RedSIGNATURE & SEAL OF THE TENDERER

44

C. The carrier will ensure that the name of the base location of HPCL is indicated

in block “D” of Emergency Information Panel..

II) FITNESS OF TANK TRUCK:

A. Carriers shall be responsible for providing tank truck fit in all respects to carry petroleum products and transporting / delivering the same in good condition, as per specifications, to the Consumers/Receiving locations and shall be held accountable for any malpractice / adulteration en route.

B. Tank truck shall be duly approved for its design/fittings by Explosives Department. Transporter shall be responsible for ensuring that the status of the tank truck fittings is maintained in accordance with the licensing authority conditions at all times.

C. Tank truck without valid Explosives Licence will not be utilized, unless authorized by Explosives Department to use the tank tank truck pending renewal.

D. The original and a copy of the valid Explosives Licence shall be submitted to the Loading Location. Original certificate shall be returned to the transporter after verification.

E. Carrier shall ensure compliance to various statutory rules and regulations, including provisions of Motor Vehicle Acts/ Motor Vehicle Rules enforce at all times during the period of agreement.

F. The transporter as per the design given by the oil company from time to time shall provide the security locking arrangements. The transporter to ensure that, the integrity of the locking arrangements is maintained against any tampering at all the times.

G. Carrier shall ensure that the Vehicle Mounted Unit (VMU) for tracking of the TT is in working condition at all the time.

H. Carrier shall ensure that TT is painted and maintained as per the colour scheme advised by the oil company from time to time.

III) CALIBRATION OF TANK TRUCKS:

A. Carriers shall carry valid Calibration Certificates for tank trucks issued by weights and measure department at all items.The original and a copy of the valid calibration certificate shall be submitted to the loading location. Original certificate shall be returned to the carrier after verification.

B. Tank truck shall be calibrated for single capacity in line with MV Act.C. Carrier to provide dip hole/Dip pipe in the geometrical center of manhole with

manhole fitting duly welded.D. Datum Plate height should not be more than 10 mm from the bottom plate and

should be shown in the drawing.E. Carrier if found tampering with calibration of vehicle in any manner resulting in

malpractice and loss of product will be liable for recovery for the alleged losses from the date of last calibration.

F. The calibration of the TT should be done at the calibration facility provided by the HPCL or as directed by HPCL.

G. The carrier will provide brass dip rods for each compartment.


IV. Calibration of TT

1. Carrier shall carry valid Calibration Certificates for tank-lorries issued by Weights and Measure Department, at all times.

2. The original and a copy of the valid calibration certificate shall be submitted to the loading location. Original certificate shall be returned to the Carrier after verification.

3. TT shall be calibrated for single capacity in line with MV Act.4. Carrier to provide dip hole/ dip pipe in the geometrical center of the manhole

with manhole fittings duly welded.5. Datum Plate height should not be more than 10 mm from the bottom plate and

should be shown in the drawing.6. Tampering with calibration of vehicle in any manner shall be construed as a

malpractice and penal action will be taken. Further, alleged product losses will be recovered from the carrier from the date of last calibration.

7. The calibration of the TT should be done at the calibration facility provided by the oil company or as directed by the oil company.

8. The carrier shall provide brass dip rods for each compartment.

V. Tank Lorry Accident

i) In case of TT accident, the crew shall inform the nearest Police Station, loading location, carrier, nearest HPCL location/Chief Manager Lucknow DSRO and shall guard the vehicle as well as product.

ii) Carrier shall arrange to transfer/ salvage the product in another fit TT immediately on receipt of the information, after obtaining permission from the company and various statutory authorities.

iii) Carrier shall complete all the statutory formalities including lodging of FIR & shall submit accident report to the base location.

iv) Spilled or transshipped product salvaged in TT/ barrels shall be brought to the loading location or the receiving location as advised by the company.

v) Draw three composite samples (TMB), 1 liter each (2 liters each )from each TT compartment/ barrel in the presence of carrier/ TT crew carrying the salvaged product. Prepare appropriate sample tags.

vi) Locking/ sealing of the TT/ barrel and sample containers and signing on the sample tags shall be done jointly by the location and carrier/ TT crew. One set of sample shall be sent to the company’s lab for testing, one set to be given to carrier/ TT crew and one set to be retained at the location.

vii)On receipt of test results from the lab, the carrier shall be suitably advised and action taken.

VI.Other formalities

1) Carrier shall engage TT driver who has undergone training on transportation of hazardous goods as stipulated under the Motor Vehicle Acts/ Rules and the driving license of the driver is endorsed by Road Transport Authorities to this effect.

2) Emergency Information Panels shall be correctly displayed on the TT as stipulated.

3) Carrier shall ensure that TT crew follows the specified route.


4) Carrier shall obtain the antecedents of the TT crew from local Police and submit to the base location.

5) Carrier shall submit details of TT driver & cleaner & a copy of valid driving license of the driver to the loading location and obtain entry pass from the location.

6) Before embarking for the delivery it will be carrier’s or his representative’s responsibility to ensure that TT crew has correct:

a. Challan b. Standing instructions

VII.PRODUCT LOADING

2.1Quality control

2.1.1 Petroleum products shall be received, stored and delivered ex loading locations in accordance with Industry Quality Control Manual.

2.1.2 a. Sales document: Dispatch density of the product at 150 C shall be indicated on Sales document.

b. Stock transfer document: Dispatch temperature & density of the product at 150 C shall be indicated on stock transfer documents.

VIII.Sealing of tank lorry

1) Sealing/ locking of the TT shall be done in accordance with the guidelines of the company.

2) Carrier to ensure that the integrity of the sealing/ locking system is intact at all times.

3) Carrier shall ensure that the security locks are in place while effecting delivery and on its return journey.

IX.Log ‘out’ and ‘in’ time system1) In order to keep a check on the time taken by a TT for the to and fro trip from the

loading location; norms shall be formed based on the average time taken for such trips.

2) The departure time shall be recorded on the invoice/ stock transfer document itself and the dealer/ direct customer/ receiving location shall record the arrival and departure time of the TT on the same document.

3) Carrier shall ensure that the trip time specified for the destination is strictly adhered to.

X.TANK LORRY MONITORING

1) Carrier having agreement with oil company for a TT shall not enter into agreement with other company for the same TT. Carrier shall not enter into agreement with oil Company for the blacklisted TT.

2) In case a TT has not reported for delivery at the receiving location after a reasonable transit time, carrier shall inform loading location and receiving location the reasons for delay and likely date of reporting.


XI.VEHICLE TRACKING SYSTEM

a) The carrier would ensure that the Vehicle Mounting Unit (VMU) is in working condition at all the time. If VMU of the TT is not in working condition, it would be considered that the TT is not fit for loading.

b) The transporter or his representative shall inform the oil company within 30 minutes of stoppage of VMU functioning.

c) Carrier shall strictly follow the specified route stipulated by the oil company. Any unauthorized deviation from the specified route would be considered as a malpractice.

d) If it is observed that the VMU is damaged deliberately by the transporter or his representative, then it would be construed as a malpractice. Company’s decision would be final in determining as to whether it is damaged deliberately.

e) TT should not be stopped enroute. Any unauthorized stoppage shall be construed as a malpractice.

f) Carrier to ensure that the TT reaches the destination and delivers product to the consignee within specified trip time. The TT not reaching the destination and unauthorized delays shall be construed as a malpractice.

g) Carrier shall ensure that TT does not exceed the speed limits prescribed by the concerned authorities.

XII.HEALTH SAFETY & ENVIRONMENTAll rules/ regulations and statutory requirements shall be strictly followed by the

carrierand their work force i.e. drivers/ cleaners at the work place and on the road whiletransporting petroleum products.

a) Driver and cleaner shall wear safety belt while driving vehicle on the road.b) No TT shall be plied by the driver without cleaner, either on the road or at any

work place.c) The TT crew would not be permitted to enter the location premises without use

of the personal protective equipment i.e. safety shoes, helmet, spectacles (wherever necessary).

d) The crew of TT shall check safety fittings, fitness conditions of vehicles to ply on road before the TT is brought for loading.

e) Safety procedures for unloading and loading of vehicles at the supply location as well as at the destination i.e. retail outlets, direct customer, supply location, etc. shall be strictly adhered to.

f) It shall be mandatory for all drivers to undergo refresher training course.g) All drivers must have licenses duly endorsed by RTO certifying eligibility for

driving hazardous goods, and without above certification shall not drive any vehicle.

h) All drivers and cleaners must undergo periodic health check for blood pressure, sugar & vision.

i) No driver shall drive the vehicle under ill health condition.


XIII. MALPRACTICES/ ADULTERATION/ PENALTIES

All incidents of malpractices and adulteration are categorized as under:a. Deliberate attemptb. Other causes

XIII -A. Malpractices

Malpractices will also cover any of the following:

a. Tampering with standard fittings of TT including the security locks, security locking system & calibration.

b. Unauthorized deviation from specified route/unauthorized delay/ unauthorized enroute stoppage/ not reaching destination/ over speeding.

c. Unauthorized use of TT for products other than the petroleum products for which it has been engaged.

d. Entering into contract based on forged documents/ false information.e. Entering into an agreement for the same TT with other oil companies.f. Deliberate damage/tampering of VMU.g. Pilferage/ short receipt of product.

XIII-B Deliberate Attempti) TT caught for having indulged in malpractices shall be immediately

suspended by the location-in-charge. However, an investigation shall be conducted as per the laid down procedure of the company. If the investigation confirms the malpractice, then the TT shall be blacklisted, on industry basis.

ii) On investigation, if it proved that the TT crew alone is responsible for the malpractice/ irregularity, then that particular TT alone shall be blacklisted along with the TT crew. However, if the investigation reveals the complicity of the carrier, then the whole contract comprising all the TT belonging to the concerned carrier shall be terminated and the concerned carrier & their all TTs shall be black listed on industry basis.

iii) Upon third incidence of the proven malpractice during the tenure of the contract of a particular carrier’s TTs, the whole contract comprising all the TTs belonging to the concerned carrier shall be terminated and the concerned carrier & their all TTs shall be black listed on industry basis, even though, the complicity of the carrier is not proved during the investigations.

iv) The period for blacklisting for the carrier & TTs shall be two years. However, the company reserves the right to extend the ban on the concerned carrier/ TT after the period of two years is over. Depending upon the seriousness of the offence, the carrier/ TT may be banned permanently.

v) A list of all such blacklisted/ banned TT showing their registration nos. along with


their engine and chassis nos. shall be prepared and circulated to other regions and other oil companies so that tank-lorries banned by one location/ oil company are not engaged by other locations/ oil companies.

b. Other CausesIn all cases of malpractices/ irregularities where it is difficult to establish deliberate attempt on the part of the carrier/ TT crew, carrier shall be warned and asked to remove the TT crew.

XIII-C AdulterationIn all cases of suspected adulteration of products in TT due to deliberate attempt by carrier/ TT crew or due to other causes and subsequent confirmation by the lab, action against the transporter shall be initiated as under:

XIII-DDeliberate attempta. Disposal of the contaminated product shall be as per advice from

Quality Control Department.b. Cost of product as determined by the company shall be recovered from

the carrier. c. Incidental expenses and any other expenses sustained by the concerned

oil company for disposal of the contaminated product shall also be recovered from the transporter.

d. Transportation charges, octroi, toll taxes, other levies shall not be paid for the futile trip to the dealer/ direct customer or receiving location as well as for the subsequent trip for delivering the adulterated/ contaminated product to the concerned oil company’s nominated location for disposal of the product.

e. Action against the carrier for suspension/ blacklisting of TT/s or termination of transport contract shall be initiated as stipulated under clause (7.1.1).

XVIII-E Other causesAction for disposal of the contaminated product and cost recoveries from the transporter thereof shall be the same as that under clause (7.2.1). However, in case of accidental contamination, decision for suspension/ blacklisting of the TT/s shall be based on the investigation report.

XVIII- F PenaltiesThe transporters shall attract penalties for the undesirable actions as given below and the oil company would investigate all the incidences appropriately.

For unauthorized deviation from the standard routea. First instance: The TT shall be suspended for one week.b. Second instance: The TT shall be suspended for one month.c. Third instance: The TT shall be blacklisted on Industry basis.

For not wearing seat belts while driving on road a. First instance: A warning letter shall be issued to the transporter.b. Second instance: The TT shall be suspended for one week. c. Third instance: The TT shall be suspended for one month.


d. Fourth instance: The TT shall be blacklisted on Industry basis.

For driving vehicle without cleanera. First instance: A warning letter shall be issued to the transporter.b. Second instance: The TT shall be suspended for one week.c. Third instance: The TT shall be suspended for one month.d. Fourth instance: The TT shall be blacklisted on Industry basis.

For polluting environment due to product spillage from tilting or leaky vehicles on road, in case of accident/ unsafe driving

The TT shall not be used for one week after such incidence.

In case of accident involving injury or damages to the facilities at the work place or

accident involving injury during transportation on the road First instance: The TT shall be suspended for one month.Second instance: The TT shall be suspended for three months.Third instance: The TT shall be blacklisted on Industry basis

In case of damages to the facilities at the work place, the cost of the damages shall be recovered from the carrier.

For fatal accident at the work place The contract with the carrier shall be terminated.For fatal accident on the road First incident: The TT shall be suspended for six months.Second incident: The TT shall be suspended for twelve months.Third incident: The transportation contract shall be terminated.

ATTACHMENT - 8

(SPECIMEN)

BANK GUARANTEE 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 Tenderer" which expression shall include its executors, administrators and assigns) against Tender No. _____________ dated ________ (hereinafter called "the tender" which expression shall include any amendments / alterations to "the tender" issued by "the Corp- oration") for the supply of goods to/execution of services for "the Corporation” and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs. _________ (Rupees ___________ only).

We, ____________________ Bank having office at ______________________ (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs. _________ (Rupees _____________________ only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender". We, _________________________ Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to.

We, .__________________ Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to the Bank's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding anydispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.We, _____________________ Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ________ (Rupees ____________________only). Our liability


under this guarantee shall remain in force until expiration of six months from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before _____________ all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

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

We, ______________________ Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "theTenderer". 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document onthis _________________ day of ____________ For __________________ Bank

(by its constituted attorney)

(Signature of a person authorisedto sign on behalf of "the Bank")

ATTACHMENT - 9AGREEMENT

No. Dated

To,HINDUSTAN PETROLEUM CORPORATION LIMITEDSub : Purchase of Bidding Documents

Ref. Tender No. : 9000097-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. Wefurther agree that the contract consisting of the above conditions of NIT as the offer nd the submission of Bid as the Acceptance shall be separate and distinct from the contract which will come into existence when bid is finally accepted by HPCL.

The consideration for this separate initial contract preceding the main contract is that HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid to be made except on the condition that the bid shall be kept open for ……… days after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on this condition and after entering into this separate initial contract with HPCL.

HPCL promises to consider the bid on this condition and the Bidder agrees to keep the bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties.

If Bidder fails to honour the above terms and conditions, HPCLshall have unqualified,absolute and unfettered right to encash / forfeit the bid security submitted in this behalf.

Yours faithfully, Yours faithfully

(BIDDER) (PURCHASER)

(One copy of this agreement duly signed must be returned along with offer).

INTEGRITY PACTBetween

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.

Section 2 – Commitments of the Bidder / Contractor(1) The Bidder / Contractor commits itself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

1. The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.3. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.


4. The Bidder / Contractor will, when presenting his bid, disclose any and all payment he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offencesoutlined 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 ispossible.

(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 thedamage 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 thePrinciple 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 acommitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

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

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 providedby 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, 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 continueto 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 inwriting. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must besigned 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: …

Date…4.9.09 Witness 2: …………………..

Attachment 10

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should submit in support of his claim a certificate issued within one year preceding the date of the tender opening for the Bulk Petroleum Products transportation contract, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer himself ordinarily resides otherwise than for the purpose of his own education.

The enclosed format is to be used for the purpose.

___________________________________________________________________________


Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his claim.

FORM OF CASTE CERTIFICATE

This is to certify that Shri / Smt / Kumari* son /daughter* of ……………………….of village / town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under:

@The Constitution (Scheduled Castes) Order, 1950@The Constitution (Scheduled Tribes) Order, 1950@The Constitution (Scheduled Castes) (Union Territories) Order, 1951@The Constitution (Scheduled Tribes) (Union Territories) Order, 1951

(As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, The State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.)

@The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956@The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989@The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959@The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962@The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962@The Constitution (Pondicherry) Scheduled Castes Order, 1964@The Constitution Scheduled Tribes (U.P.) Order, 1967@The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968@The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968@The Constitution (Nagaland) Scheduled Tribes Order, 1970@The Constitution (Sikkim) Scheduled Castes Order, 1978@The Constitution (Sikkim) Scheduled Tribes Order, 1978

2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.:This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / Smt*…………………………….father / mother of Shri / Smt / Kumari*………………………………in District / Division……………………….of the State / Union Territory*………………………………who belong to the …………………….. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*……………………..issued by the ………………………………….. (Name of prescribed authority) vide their no. …………….dated…………………..

3. Shri / Smt /Kumari*……………………….and/or his / her* family ordinarily reside(s) in village / town………………… of………………………..District / Division of the State / Union territory of…………………………………..

Signature………………………Place………………………State/Union TerritoryDate……………………… Designation…………………...

(With seal of Office)


* Please delete the words, which are not applicable.@ Please quote specific Presidential Order.2/ 3 Delete the paragraph, which is not applicable.

Note: The term ‘ordinarily reside(s)’ used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950.

List of authorities empowered to issue Scheduled Caste/ Scheduled Tribe Certificates:

1. District Magistrate/Additional District Magistrate/Collector /Deputy Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1st Class Stipendiary Magistrate).

2. Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

3. Revenue Officers not below the rank of Tehsildar.4. Sub-Divisional Officer of the area where the candidate and/or his family

normally resides.5. Administrator/Secretary to Administrator/Development Officer (Lakshdweep

Islands).

Attachment-11

SPECIMAN BANK MANDATE ON PARTY’S LETTER HEAD

TO : Hindustan Petroleum Corporation Ltd

Dear Sirs,

The following is a confirmation / updation of my Bank account details and I hereby affirm my / our choise to opt for payment of amount due to me / us under various contracts thru Electronic mode. I understand that Hindustan Petroleum Corporation Limited also reserves the right to send the payments due to me / us by a cheque / Demand Draft Banker’s Cheque or Electronic mode.

A. SUPPLIER / CONTRACTOR DETAILS :1. Transporter Name2. Transporter Code3. Transporter Address4. Controlling Office Name5. PAN NO.6. E-mail ID

B PARTICULARS OF BANK ACCOUNT1. Bank Name2. Branch Name and Branch Code3. Bank Address4. 9 Digit MICR No. Of Bank and


Branch as appearing in cheque5. Account type 6. Account Number7. IFSC Code of Branch (for RTGS)8. IFSC Code of Branch (for NEFT)

I hereby confirm that the particulars given above are correct and complete and also undertake to promptly advise any changes to the above details to HPCL. If the transaction is delayed or not effected for reasons of incomplete or incorrect informtion or banking delays, I shall not hold Hindustan Petroleum Corporation Limited responsible. I also agree for printing of the bank details on the cheque or DD if the payment is effected by Cheque / DD.

Name ( in capital ) of Transporter : Signature of the Authorised person : Official Rubber Stamp : Date :

Name of Bank Official :Signature of Authorised Bank Official :Official Rubber Stamp :Date

:Note : 1. Bank details to be confirmed by the Banker. Such confirmation shall be duly signed and Stamped by the Banker. 2. Please enclose cancelled / photocopy of a cheque.


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

transportation of petroleum products and also other relevant documents required by M/S ________________ 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 transportation of petroleum products.

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

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

We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever the said Shri. __________________, and Shri____________________ shall or may do or cause to be done in or about the said tender and the Transport Contract 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/Transport Contract Agreement / or refund of our Security Deposit whichever is later.

In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand two ______.

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)

ATTACHMENT – 13SIGNATURE & SEAL OF THE TENDERER

63

UNPRICED BID

HINDUSTAN PETROLEUM CORPORATION LTD

Tender No. : 9000097-HD-14001

Subject : TRANSPORTATION OF 65000 MT ( 91000 KL) NAPHTHA IN BULK TO M/s. NTPC, AURAIA, FROM MAHUL TERMINAL ( RTKM 2480 KM)

Name of the customer Distance(RTKM) Demand in KL Rate Per KL

Per KMNPTC, Auraia, UP 2480 91000 KL

XXXX

RATE : PAISE _XXXXX____ PER KL PER KM

(RATE IN WORDS PAISE ___XXXXX___ PER KL PER KM) PLEASE QUOTE RATES IN MAXIMUM OF 2 DECIMAL PLACES e. g. Rs. xx . xx

We agree to carryout out transportation to the above mentioned location. We also accept to carryout transportation to any other location(s) within the geographical limits as advised by HPCL at the same rates, terms and conditions.

We confirm that the rate quoted in the priced bid is Paise per KL per KM .

The distances for the location mentioned above may be changed as per Motoring Guide of India at sole discretion of HPCL.

The rate quoted against this tender is on the basis of the Price of unbranded HSD prevailing at Mumbai on the due date of the tender. The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax._____________________________________________________________________________FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OF HSD.

Increase/ decrease in the transportation rate in Paise Per KL Per KM:

FORMULA: Increase/ Decrease in 1 litre of Unbranded HSD Retail Selling Price (RSP) ex-State Capital cities (within municipal limits) of the supply point concerned inclusive of taxes (with following clarifications) -------------------------------------------------------------------------------------------------------

Q x 4


Where Q represents notional capacity of a Tank Truck and it is taken as 20 KL and 4 represent the distance (4 KMs), which a Tank Truck can run with 1 lit of unbranded HSD (loaded or otherwise) for the purpose of calculations.

NOTE:

1. The retail-selling price of Unbranded HSD as on the date of opening of the tender will be the base price.

2. Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail Selling Price) of unbranded HSD, which will be the weighted average of RSPs of unbranded HSD during immediate previous three months, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent three months.

3. Only the increase/ decrease in RSP of unbranded HSD at the State Capital cities (Within Municipal Limits) of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations coming under the respective State. In case of any dispute, the decision of the HPCL shall be final and binding.

ATTACHMENT – 14SIGNATURE & SEAL OF THE TENDERER

65

PRICED BID

HINDUSTAN PETROLEUM CORPORATION LTD

Tender No. : 9000097-HD-14001

Subject : TRANSPORTATION OF 65000 MT ( 91000 KL) NAPHTHA IN BULK TO M/s. NTPC , AURAIA, FROM MAHUL TERMINAL ( RTKM 2480 KM)

Name of the customer

Distance(RTKM) Demand in KL Rate Per KL Per

KM

NPTC, Auria, UP 2480 91000 KL

RATE : PAISE _______ PER KL PER KM

(RATE IN WORDS PAISE ______________ PER KL PER KM) PLEASE QUOTE RATES IN MAXIMUM OF 2 DECIMAL PLACES e. g. Rs. xx . xx

We agree to carryout out transportation to the above mentioned location. We also accept to carryout transportation to any other location(s) within the geographical limits as advised by HPCL at the same rates, terms and conditions.

We confirm that the rate quoted in the priced bid is Paise per KL per KM .

The distances for the location mentioned above may be changed as per Motoring Guide of India at sole discretion of HPCL.

The rate quoted against this tender is on the basis of the Price of unbranded HSD prevailing at Mumbai on the due date of the tender. The rate quoted is inclusive of all charges and duties (as indicated in the tender terms & conditions and agreement draft provided) except Service Tax.
