Tender Document-Operation & Maintenace -SPM at Visakh

HINDUSTAN PETROLEUM CORPORATION LTD

Single Point Mooring System Project for Visakh Refinery of HPCL

Operation & Maintenance of Single Point Mooring System

INTEC Doc. No:21534102-501-ITB-011 Date: 06.02.2010 Rev 0

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TENDER DOCUMENT

FOR

OPERATION AND MAINTENANCE OF

SINGLE POINT MOORING SYSTEM

OF

VISAKH REFINERY

OF

HINDUSTAN PETROLEUM CORPORATION LIMITED

(HPCL)

RFQ NO: 21534102- 501-ITB-011

Date: 06.02.2010





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INDEX

SECTION

NO: TABLE OF CONTENTS

1 NOTICE INVITING TENDER

2 INSTRUCTION TO BIDDERS

3 SPECIAL CONDITIONS OF CONTRACT (SCC)

4 SCOPE OF WORK

5 SCHEDULE OF PRICE

TABLE-1 TOTAL PRICE FOR OPERATION &

MAINTENANCE

TABLE-2A for Main Items

TABLE-2B for Optional/additional items

TABLE NO: 3A BREAK UP OF VALUE PER YEAR

FOR ITEM 1 OF TABLE NO. 2A OF SCHEDULE OF

PRICE.

TABLE 3B: BREAK-UP OF VALUE PER YEAR FOR

ITEM 2 OF TABLE NO. 2A OF THE SCHEDULE OF

PRICE

TABLE 3C: BREAK-UP OF VALUE PER YEAR FOR


PRICE

TABLE 3D: BREAK-UP OF VALUE PER YEAR FOR


PRICE

TABLE 3E: BREAK-UP OF VALUE PER BOOM &

EQUIPMENTS/ACCESSORIES FOR ITEM 5 & 6 OF

TABLE NO. 2A OF THE SCHEDULE OF PRICE

TABLE 3F: BREAK-UP OF VALUE PER YEAR FOR


PRICE

FORMAT A CIF VALUE OF IMPORTED ITEMS.

FORMAT B - EXCISE DUTY FOR INDIGENOUS

SUPPLY.

6 CHECKLIST

7 ANNEXURES

Annexure -1 Acknowledgement

Annexure -2 Undertaking by bidder

Annexure -3 Format for Exemptions & Deviations

Annexure -4 Cut out slip

Annexure -5 Terms of Payment

Annexure -6 Loading Factors





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8 GENERAL CONDITIONS OF CONTRACT (GCC) and

other documents

9 DOCUMENTS

1) TERMINAL AND PIPELINE GENERAL LAY-OUT 2) TURRET BUOY GENERAL ARRANGEMENT 3) FLOATING HOSE STRINGS LAYOUT 4) SUBMARINE HOSE STRINGS LAYOUT 5) PLEM GENERAL ARRANGEMENT





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SECTION 1

NOTICE INVITING TENDER





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Notice Inviting Tender (NIT)

Sealed BIDs under Two bid system (PART I UNPRICED BID and PART II PRICED BID) are invited from Bidders meeting both the Technical & Financial Pre-qualification

criteria mentioned below for Operation and maintenance of Single Point Mooring System of Visakh Refinery of Hindustan Petroleum Corporation Ltd.

The details of the BID are as follows:

1) RFQ Number 21534102-501-ITB-011

2) Tender Name Operation and maintenance of Single Point

Mooring System of Visakh Refinery of

Hindustan Petroleum Corporation Ltd.

3) Tender Fee Rs.10,000 for Indian Bidders

USD 250 for Foreign Bidders

4) Tender issue date

Sale Period

06.02.2010

08.02.2010 to 03.03.2010

5) Tender Due Date 14:30 hrs (IST) on 04.03.2010

6 a) Tender opening date and time

(PART I UNPRICED) 6 b) Venue

Bid submission shall be only at HPCL office in

Mumbai at the address mentioned below:

Mr. N Vibhoosana Raj

Senior Manager-Materials,

Central Engineering,

Petroleum House,

Hindustan Petroleum Corporation Ltd

17, Jamshedji Tata Road,

Churchgate, Mumbai-400 020.

Bid opening will be at 15:00 hrs (IST) on

04.03.2010 in presence of attending bidders at

HPCL Office in Mumbai.

7) Pre-Bid meeting venue 16.02.2010; 10: 00 Hours IST

Bidders to meet in the office of Mr. Rambabu

(DGM-Projects), Hindustan Petroleum

Corporation Ltd, Visakh Refinery,

Visakhapatnam

8) EMD Amount Rs. 26,00,000 for Indian Bidders

USD 58,000 for foreign bidders





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9) Pre Qualification Criteria.

Bidders who intend to participate shall meet the following minimum requirements and

only such bidders shall be pre qualified for this tender. Bidders are requested to submit

documentary proof of having met the technical & financial criteria.

1) Technical criteria

Applicants shall have experience of having successfully carried out and completed similar

work during the last 7 years ending last day of the month previous to the one in which

applications are invited, which experience should be any one of the following:

a. Three similar completed works, each costing not less than the a mount of Rs. 6.40 Crores

( USD 1,450,000 for Foreign Bidders)

or

b. Two 2 similar completed works, each costing not less than the amount of Rs.8 Crores

( USD 1,800,000 for Foreign Bidders)

or

c. One similar completed work costing not less than the amount of Rs.12.80 Crores ( USD

2,900,000 for Foreign Bidders)

1. Bidder should be established marine services company for minimum of past 7 years. 2. Bidder should have marine operation experience. 3. Bidder or its technical collaborator must have experience in providing diving services

for SPM / CBM related operation for minimum of five years

4. Bidder must themselves be the vessel owner and operator of marine spread or have confirmed arrangement for hire of such vessels on long term basis.

5. Bidder must have capability for pipeline inspection by diving and sonar / sub-bottom profiling survey means.

2) Financial criteria

Annual turnover of the bidder shall be more than Rs 16 Crores (USD 3,600,000 for Non-

Indian bidders) in any one of the previous 3 (three) preceding financial years.

Bidders fulfilling the above Technical and Financial criteria will only be considered for

further evaluation.

3) 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





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for disqualification. However upto 3 affiliates may make a joint bid as a consortium, and in

which case the conditions applicable to a consortium shall apply to them.

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

(a) controls either directly or indirectly a Party, or

(b) which is controlled directly or indirectly by a Party; or (c) 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.

4) Bids may be submitted by:

a) a single person/ entity (called sole bidder);

b) a newly formed incorporated joint venture (JV) which has not completed 3

financial years from the date of commencement of business;

c) a consortium (including an unincorporated JV) having a maximum of 3 (three)

members;

d) an Indian arm of a foreign company.

5) Fulfilment of Eligibility criteria and certain additional conditions in respect of each of

the above 4 types of bidders is stated below, respectively:

a) The sole bidder (including an incorporated JV which has completed 3 financial years

after date of commencement of business) shall fulfil each eligibility criteria.

b) In case the bidder is a newly formed and incorporated joint venture and which has not

completed three financial years from the date of commencement of business, then

either the said JV shall fulfil each eligibility criteria or any one constituent member/

promoter of such a JV shall fulfil each eligibility criteria. If the bid is received with the

proposal that one constituent member/ promoter fulfils each eligibility criteria, then

this member/promoter shall be clearly identified and he/it shall assume all obligations

under the contract and provide such comfort letter/guarantees as may be required by

Owner. The guarantees shall cover inter alia the commitment of the member/promoter

to complete the entire work in all respects and in a timely fashion, being bound by all

the obligations under the contract, an undertaking to provide all necessary technical

and financial support to the JV to ensure completion of the contract when awarded, an





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undertaking not to withdraw from the JV till completion of the work, etc.

c) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the

following conditions shall apply:

1) Each member in a consortium may only be a legal entity and not an individual

person;

2) the Bid shall specifically identify and describe each member of the

consortium;

3) the consortium member descriptions shall indicate what type of legal entity the member is and its jurisdiction of incorporation (or of establishment as a legal entity other than as a corporation) and provide evidence by a copy of the articles of incorporation (or equivalent documents);

4) One participant member of the consortium shall be identified as the Prime

member and contracting entity for the consortium;

5) this prime member shall be solely responsible for all aspects of the Bid/Proposal

including the execution of all tasks and performance of all consortium obligations;

6) the prime member shall fulfil each eligibility criteria;

7) a commitment shall be given from each of the consortium members in the form of a

letter signed by a duly authorized officer clearly identifying the role of the member in

the Bid and the members commitment to perform all relevant tasks and obligations

in support of the Prime/lead member of the Consortium and a commitment not to

withdraw from the consortium;

8) No change shall be permitted in the number, nature or share holding pattern of the

Consortium members after pre-qualification, without the prior written permission of

the Owner.

9) No change in project plans, timetables or pricing will be permitted as a consequence

of any withdrawal or failure to perform by a consortium member;

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





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11) Entities which are affiliates of one another are allowed to bid either as a sole

bidder or as a consortium only;

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

d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or

affiliate) of a foreign bidder, then the foreign bidder shall have to fulfill each

eligibility criteria. If such foreign company desires that the contract be entered into

with the Indian arm, then a proper back to back continuing (parent company)

guarantee shall be provided by the foreign company clearly stating that in case of any

failure of any supply or performance of the equipment, machinery, material or plant

or completion of the work in all respects and as per the warranties/ guarantees that

may have been given, then the foreign company shall assume all obligations under the

contract. Towards this purpose, it shall provide such comfort letter/guarantees as may

be required by Owner. The guarantees shall cover inter alia the commitment of the

foreign company to complete the entire work in all respects and in a timely fashion,

being bound by all the obligations under the contract, an undertaking to provide all

necessary technical and financial support to the Indian arm or to render the same

themselves so as to ensure completion of the contract when awarded, an undertaking

not to withdraw from the contract till completion of the work.

10) Period of Contract 3 (Three) years from the date of Letter of Intent (LOI)/Fax of

Acceptance (FOA)-(Initially Contract will be for a period of 1

year and will be further extended for two years on satisfactory

performance of the Contractor.)

11) Submission of BIDs: Bids complete in all respect shall be submitted as per Instruction to Bidders in the Tender

document. Tenders submitted not in the manner detailed are liable to be rejected at the

sole discretion of HPCL/INTEC.

12) BID Validity

Bids shall be kept valid for a minimum period of 4 (FOUR) months from bid due date or

extended bid due date.

13) HPCL/INTEC takes no responsibility for delay, loss or non-receipt of bidding documents

sent by post / courier. Telex/telegraphic/Tele-fax/E-mail bids shall not be accepted. Bids

not received by the bid due date/ closing date and time (both late and delayed) shall be

rejected and representative(s) of such bidders will not be allowed to attend the Tender

opening.

14) HPCL/INTEC will not be responsible for any costs or expenses incurred by the bidder in





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connection with preparation or submission of bids, participating in discussions etc.

including costs and expenses related with visits to the site(s).

15) The Tender document is non-transferable.

16) NO Purchase preference will be given to Indian Public Sector Enterprises (PSE).

17) HPCL/INTEC reserves the right to accept or reject any or all the bids or make any change

in the terms and conditions of the bid document, at their sole discretion without assigning

any reason whatsoever.

HPCL/INTEC also reserves the absolute right to reject any or all bids at any time solely

based on the past unsatisfactory performance by the bidder / bidders in HPCL, the opinion

/ decision of HPCL/INTEC regarding the same being final and conclusive.

18) The complete tender documents will be available with




Petroleum House,

Hindustan Petroleum Corporation Limited,


Mumbai- 400 020.

Phone no: 022 22863409

e-mail: [email protected]

on all working days (Monday to Friday except holidays). A complete set of tender is being

issued herewith.

19) Bidders are requested to acknowledge receipt of this tender document along with all

enclosures and send their acknowledgement as per Annexure 1.

Bidders may fax their confirmation at least 7 days prior to bid closing date regarding their

participation in the subject bid. The correspondence address is as follows:




Petroleum House,



Mumbai- 400 020

Phone: 022 22863409

e-mail: [email protected]





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SECTION 2

INSTRUCTION TO BIDDERS





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TABLE OF CONTENTS

2.0 Definitions and interpretations

2.1 General

2.1.1 Project Management Consultant (PMC)

2.1.2 Cost of Bidding

2.1.3 Bid Fee

2.1.4 Contents of Bidding Documents

2.1.5 Clarification on Bidding Documents

2.1.6 Addendum / Corrigendum to Bidding Documents

2.1.7 Language of Bids

2.1.8 Corrections in Bid

2.1.9 Confidentiality of Bid Document

2.1.10 Process to be confidential

2.1.11 Wrong Information

2.1.12 Clarification of Bids

2.1.13 Company Documents

2.1.14 Pre- bid meeting

2.1.15 Correction of errors in Price Bids

2.1.16 Owners right to accept / reject any or all bids

2.1.17 Firm offer

2.1.18 Form of Bid/Additional requirement

2.1.19 Indian Laws





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2.1.20 Local Conditions

2.1.21 Transfer of Bidding Documents

2.1.22 Inspection of Work Site

2.2 Procedure for bid submission and Award

2.2.1 Submission of bids

2.2.2 Signing of Bid

2.2.3 Delayed/Late / Incomplete Bids

2.2.4 Bid currencies and payment

2.2.5 Bid validity

2.2.6 Bid Opening

2.2.7 Deviation to Bid Requirement

2.2.8 Bid Evaluation Criteria

2.2.9 Conditions of rejection of bid

2.2.10 Modification and withdrawal of bids

2.2.11 Notification of award

2.2.12 Signing of contract agreement

2.2.13 Security Deposit

2.3 Information to bidders

2.3.1 Environmental conditions

2.3.2 Other details





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2.0 DEFINITIONS AND INTERPRETATION

The following words and expressions shall have the meanings hereby assigned to

them except where the context otherwise requires provided that if any

interpretation is required under any circumstance, the decision of the

OWNER/COMPANY with regard to the same shall be final and binding on the

parties. The following shall be read in conjunction with Definitions mentioned in

GCC.

a. The COMPANY / OWNER shall mean Hindustan Petroleum Corporation Limited, Petroleum House, 17, Jamshedji Tata Road, Mumbai-

400 020, India

b. The CONTRACTOR shall mean the person or persons, firm or company whose Tender has been accepted by OWNER and includes the

Contractors Legal Representatives, his Successors and permitted Assigns.

c. CONSULTANT/PMC shall mean the Project Management Consultant to the OWNER for this Project who is INTEC Asia Pacific SDN BHD.

d. The Tender/ Bid shall mean the tender / bid submitted by the CONTRACTOR for acceptance by OWNER.

e. The OWNERS REPRESENTATIVE shall mean the person designated as such by the OWNER and shall include his Authorized Nominee or

Agent, provided however that the OWNERs Representative to be so designated by OWNER may be one person for certain aspects of this

Agreement and another person for other aspects of WORK covered by this

CONTRACT.

f. The PROJECT MANAGER shall mean Manager-in-Charge at this Project designated by PMC or his Successor or his Authorized Nominee.

g. The ENGINEER-IN-CHARGE shall mean the person nominated from time to time by the OWNER and shall include those who are expressly

authorized by OWNER to act for and on its behalf for operation of this

CONTRACT.

h. ENGINEER-IN-CHARGES REPRESENTATIVE shall mean any Resident Engineer or Assistant to the Engineer-in-Charge appointed from

to time by the Engineer-in-Charge to perform the duties set forth in the

Tender Document whose authority shall be notified in writing to the

CONTRACTOR by COMPANY/ Engineer-in-Charge.





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i. The SUB-CONTRACTOR shall mean any person or firm or company (other than the CONTRACTOR) to whom any part of work has been

entrusted by the CONTRACTOR, with the written consent of the Engineer-

in-Charge, and the Legal Representatives, Successors and permitted

Assigns of such person, firm or Company.

j. The WORK shall mean all services and supplies to be provided by the Contractor under the Contract which may include all things, matters and

facilities to be surveyed, designated, engineered, procured, fabricated,

loaded out, tied down, sea fastened, towed out, transported, installed,

tested, commissioned, maintained and made good, operated and guaranteed

by contractor in accordance with the CONTRACT and shall include all

extra, additional, altered, or substituted works as required for the purpose

of the CONTRACT.

k. The CONTRACT shall mean the agreement between OWNER and CONTRACTOR for the execution of the WORK including therein all

documents such as the Notice Inviting Tender (NIT), Instructions to

Bidders, General Conditions of Contract, Special Conditions of Contract,

Specifications, Drawings, General Requirements, Time Schedule, Schedule

of Prices, Letter of Acceptance of Tender, Agreed Variations, if any etc.

l. The CONTRACT DOCUMENT shall mean collectively the Tender/Bid Documents, Drawings, Specifications, General Conditions of Contract,

Special Conditions of Contract, Schedule of Rates/Prices, Instruction to

Bidders, Letter of Acceptance of Tender, Agreed Variation, if any and

other documents constituting the Tender and acceptance thereof.

m. PLANT/EQUIPMENT shall mean means all Plants, Barges, Vessels/Floating crafts, equipments, tools, appliances, things, facilities,

machinery, apparatus of whatever nature needed, in or about the work or

temporary works (as hereinafter defined) or execution of works covered

under the contract but does not includes materials or other things intended

to form or forming part of the permanent installation/works.

n. TEMPORARY WORK shall mean all temporary works of every kind required in or about the execution, completion or maintenance of the

WORK.

o. SPECIFICATIONS shall mean all directions, various technical specifications, provisions and requirements attached to the CONTRACT,

which pertain to the method and manner of performing the WORK to the

quantities and qualities of the WORK and the materials to be furnished

under the CONTRACT for the WORK as may be amplified or modified by





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Owner/PMC. Drawings for the performance of the CONTRACT in order to

provide the unforeseen conditions or in the best interests of the WORK. It

shall also include the latest edition including all addenda/corrigenda of

relevant Specifications and Codes.

p. DRAWINGS shall include maps, plans, sketches and tracings or prints thereof with any modifications approved by writing by the

owner/PMC/Engineer-in-Charge and such other Drawings as may from

time to time be furnished or approved in writing by the

Owner/PMC/Engineer-in-Charge.

q. SITE shall mean the land and water and other places on, under in or through which the work is to be carried out and any other lands, water or

places provided by Owner for the purpose of the CONTRACT together

with any place designated in the CONTRACT as forming part of the SITE.

r. Notice in Writing or Written Notice, shall mean a notice written, typed or printed form sent (unless delivered personally) or otherwise proved to

have been received by registered post / courier / fax to the last known

private or business address or registered office of the CONTRACTOR and

shall be deemed to have been received in the ordinary course of post as if it

would have been delivered.

s. The COMPLETION CERTIFICATE shall mean certificate to be issued by the Engineer-in-Charge when the WORK has been completed as

per the CONTRACT.

t. Approved shall mean approved in writing including subsequent written confirmation of previous verbal approval and Approval means approval in writing including as aforesaid.

u. The Alteration/Variation Order means an order given in writing by the Engineer-in-Charge to effect additions to or deletions from and alterations

in the WORK.

v. Fax/Letter of Acceptance shall mean the first intimation by FAX/Letter by OWNER to the successful bidder whose tender has been accepted. The

date of issue of the Fax of acceptance shall be reckoned as the

commencement date of the contract.

w. Superintendent(s) means those person(s) designated in writing by the contractor to the OWNER as being in full charge of each spread

performing works at the site.





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x. Day means a Calendar day of twenty four (24) consecutive hours beginning at 0000 hrs (midnight) and ending at 2400 hrs (midnight) as

referred to local time at the site.

y. Demobilisation of any Spread means removal of all that spread from the site and clean up and restoration as stipulated in the contract, as

applying to that part of the site in which that spread was employed.

z. Demobilisation of the Contractor means removal of all things forming part of the Mobilisation of the contractor including all temporary facilities,

return of personnel and equipment and the clean up and restoration of the

site as required in this contract.

aa. Inspector(s) means the person or persons of independent agency designated by the OWNER in writing to the contractor to observe test,

record and report to the OWNER quality surveillance of the contractors work.

bb. Kick-off Meeting means a meeting convened by the OWNER to discuss and finalize the work execution plan and procedures with the contractor.

cc. Commissioning means completion of unloading of first crude oil tanker as required by the contract documents.

dd. Mobilisation of any Spread means performance by the contractor of all those things necessary for the spread to be fully ready to execute work at

the site satisfying all work pre-requisites stipulated in the contract as

certified by PMC/ Third Party Inspection and Certification Agency.

ee. Mobilisation of the Contractor means performance by the contractor of all those thing necessary to be fully ready to execute work at site satisfying

all work pre-requisites stipulated in the contract. Mobilisation of the

contractor shall include but shall not be limited to providing of all transport

from points of origin to site, all equipment and materials for operation &

maintenance of SPM facility, all personnel, satisfaction of Government

requirements, all logistical support to the operations and maintenance and

setting up at site in a condition of full readiness to execute work.

ff. Monsoon Season means that portion of the year between 16th June through 15th September (both days inclusive) when monsoon, storms and

high seas are of such frequency and intensity at offshore site location that

construction work cannot be scheduled with any assurance.





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gg. Start Date of Contract The date from which the Contract shall be considered operative. This will be the date of acceptance of FOA by the

Contractor

hh. Spread shall mean that combination of construction equipment including all necessary work cranes, lifting aids, welding stations, inspection stations,

field joint coating stations etc. and whatever is required to execute the

works and personnel as defined in the contract and Schedule of Rates and

Prices capable of performing specific portion of the work.

ii. Third Party means any group, agency, person or persons who may be engaged in activity associated with the work specified but who shall remain

at arms length from the work and who shall not have a direct responsibility

or authority under the terms of this contract, or any contractual relationship

to the COMPANY, the contractor or the contractors sub-contractor for the works.

jj. Vendor when used in connection with materials/plants/equipments/spare parts procurement, means the equipment/materials manufacturer, supplier

(authorized and approved by the equipment(s) manufacturer) of

materials/plants/equipments/ spare parts to the contractor.

kk. Free issue materials are the Material which the COMPANY has agreed to supply free of cost to the CONTRACTOR.

ll. Surplus Material All materials and supplies, which are surplus upon and which shall, after completion of contract period shall be returned to the

COMPANY

mm. Warranty Surveyor Any marine surveyor appointed by COMPANY for insurance warranty or other purposes

nn. Contract Period The period through which the Contract shall be effective. The Contract Period shall be for Three Year extendable by two

more years at the discretion of COMPANY on mutual agreement.





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2.1 GENERAL

The Instructions to Bidders have been detailed out in order to facilitate the Bidders

to submit their Bids considering various aspects spelt out in the subsequent

paragraphs. Instructions are in addition to the General Instructions to Bidders

regarding submission of tender given in Cl. 3 of General Conditions of Contract

(GCC) and the instructions mentioned below will take precedence over the

instructions contained in Cl 3 of General Conditions of Contract to the extent of

contradiction.

2.1.1 PROJECT MANAGEMENT CONSULTANT (PMC)

M/S INTEC Asia Pacific SDN BHD, Kuala Lumpur, Malaysia is the Project

Management Consultant (PMC) of the OWNER and will be performing various

actions in relation to the bidding process and in the evaluation of the bids for and

on behalf of the OWNER.

2.1.2 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of

tender, attending bid meetings and visiting site or any other location in connection

with bidding and HPCL hereinafter referred to as the OWNER will in no case be responsible or liable for these costs regardless of the conduct or outcome of the

bidding process. Each Bidder accept and agrees, as a condition of submitting its

tender that it waives any or all claims against OWNER/PMC, its Co-ventures and

their affiliates, for remuneration or restitution relating to its costs and expenses in.

2.1.3 EARNEST MONEY DEPOSIT (EMD)

Bids without EMD prescribed in NIT will be considered as incomplete and are

liable for rejection at the sole discretion of HPCL/INTEC. EMD shall be in the

form of crossed Demand Draft drawn in favour of Hindustan Petroleum

Corporation Ltd; payable at Mumbai.

2.1.4 CONTENTS OF BIDDING DOCUMENTS

The Bidder is required to examine carefully all instructions, conditions, forms,

drawings and specifications and terms given in the Bidding Documents. Failure to

furnish all information required by the Bidding Document or not responsive to the

requirements of the Bidding Document will be at the Bidders risk, and may result in rejection of the bid.





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2.1.5 CLARIFICATION ON BIDDING DOCUMENTS

All questions and results for interpretations or clarifications relating to bid

document shall be addressed in writing by fax /e-mail at the address mentioned

below:

M/s. INTEC Asia Pacific SDN BHD Attn: Mr. Satish Chandran

10th floor, Menara Aik Hua,

Changkat Raja Chulan,

Kuala Lumpur, Malaysia

Telephone : 00603 2032 2488

Fax : 00603 2032 3488

e-mail : [email protected]

and a copy to




Petroleum House,



Mumbai- 400 020

Telephone : 022 22863409

e-mail : [email protected]

The OWNER / PMC will respond in writing or by fax / e-mail to any such request

for clarification which they receive earlier than 7 days prior to the deadline for

the submission of bid. Any such inquiries and all replies there to will be circulated

to all bidders (without identifying the source of enquiry), unless a bidder request

that such enquiry is to be treated as confidential. If confidentiality is requested,

OWNER/PMC shall decide, in its sole opinion and without giving reasons,

whether such inquiry should be treated as confidential. If the decision is not to treat

the inquiry as confidential, Bidder will be given the option of withdrawing the

inquiry or confirming that the inquiry as well as the reply may be circulated to all

Bidders. If deemed appropriate by OWNER / PMC, a reply may be furnished or

subsequently repeated in the form of a written addendum to the bid document.

2.1.6 ADDENDUM / CORRIGENDUM TO BIDDING DOCUMENTS

At any time prior to the deadline for opening of Bids, the OWNER/PMC may, for any reason whether at their own initiation or in response to a clarification

requested by a prospective Bidder(s), modify the Bidding Documents by the

issuance of an Addendum(s) / Corrigendum(s). The Addendum(s) /





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Corrigendum(s) will be sent in writing or by Fax/e-mail to all Bidders and will be

binding upon them. Bidders shall promptly acknowledge receipt of these by Fax/e-

mail to the OWNER/PMC and shall enclose one copy of such Addendum(s) /

Corrigendum(s) along with the Bid. All such Addendum(s) / Corrigendum(s)

issued shall form part of Bidding Documents. All addenda/corrigenda issued

during the time of bidding will be deemed to have been taken into account in the

bid and such addenda/corrigenda will be incorporated in to the Purchase Order.

2.1.7 LANGUAGE OF BIDS

The bid prepared by the Bidder and all correspondence and documents relating to

the bid, exchanged by the Bidder and the OWNER/PMC, shall be written in the

English language. All information in the Bid shall be in English language. Information in any other language shall be accompanied with its translation in

English. Failure to comply with this condition shall disqualify a BID. In the event of any contradictions between meanings as derived from various languages

of the BID, the meaning as derived from English language copy of the BID, the meaning as derived from English language copy of the Bid shall govern.

2.1.8 CORRECTIONS IN BID

All changes / alterations / corrections in the BID shall be signed in full by the

person or persons signing the Bid, with date. No erasure, use of correction fluid

and / or overwriting is permitted. All blank spaces shall be filled in by typewriter

or in ink and inter-lineation, alterations or erasers, if any occur, shall be formally

explained over the signature of authorized representative. Non compliance/violation of this requirement may be cause for the rejection of bid.

2.1.9 CONFIDENTIALITY OF BID DOCUMENT

The bidder shall not disclose any information contained in the bid document or

otherwise supplied in connection with this bid to any third party, except for the

purpose of preparing its bid and shall require any such third party to treat such

information as confidential.

2.1.10 PROCESS TO BE CONFIDENTIAL

After the opening of bids, information relating to the examination, clarification,

evaluation and comparison of bids and recommendations concerning to award of

contract shall not be disclosed to Bidders.

Canvassing in any form by the Bidder or by any other Agency on behalf of the

Bidder after submission of the Bid may disqualify the said Bid. Any effort by a

Bidder to influence the OWNER/PMC in the process of examination, clarification,





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evaluation and comparison of Bids, and in decisions concerning award of contract,

may also result in the rejection of the said Bid.

2.1.11 WRONG INFORMATION

If the Bidder deliberately gives wrong information in their Bid to create

circumstances for the acceptance of their Bid, OWNER/PMC reserves the right to

reject such Bids without any reference to the Bidder.

2.1.12 CLARIFICATION OF BIDS

In the event of finding any discrepancies in or omissions from the Bid Documents,

or should the Bidder be in doubt as to the meaning of such documents, Bidder shall

immediately notify HPCL/INTEC, either by facsimile or letter, at the address

shown in point no. 2.1.5 above, who will thereupon, if required, send necessary

written instructions to all Bidders. Any such request shall reach HPCL/INTEC not

later than seven (7) days prior to the closing date/bid due date.

As part of examination, evaluation and comparison of Bids, Owner/PMC may at

their discretion, ask Bidders individually for clarification or call them for

discussion at HPCL/INTEC office of theirs Bids. While seeking technical

clarifications, bidders shall be advised to indicate any financial implications, if

any, arising out of such clarifications in a separate cover superscribed with

PRICE IMPLICATION DUE TO TECHNICAL AND/OR COMMERCIAL CLARIFICATIONS. The same along with the price bid will be opened. The priced quotations of the bidders whose offers are technically unacceptable will not

be opened and their bids shall not be considered further.

For Techno-Commercial clarifications, bidders shall normally be given a cut off

date for furnishing clarifications. Clarifications received after the specified cut off

date are liable not to be considered for evaluation. Technical Query

(TQ)/Commercial Query (CQ) will be issued to bidders through E-Mail. Reply of

TQ/CQ will also be received through E-Mail, as far as possible. However price

implication, if any shall be received in sealed envelope only.

Wherever revised offers have been called for based on change in technical

specification / scope of supply, the revised offers will only be considered.

2.1.13 COMPANY DOCUMENTS

The Survey studies performed by COMPANY and any other information provided

by COMPANY/PMC are for information purposes only. BIDDER shall verify this

information through their own sources prior to using it for preparation of Bidders PROPOSAL. COMPANY/PMC shall not be held responsible for any errors or

omissions in this information provided to BIDDER. Errors and / or contradictions





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in the documents /specifications should be brought to the notice of the

OWNER/PMC before the opening of price bids. Errors/ omissions / contradictions

brought to notice after opening of price bids, shall not be reason for

change/variation order.

2.1. 14 Pre-Bid Meeting

COMPANY/PMC will arrange a pre-bid meeting at the date, time and venue as

specified in NIT, a pre-bid meeting concerning the RFQ, which shall be held at

COMPANY/PMCs sole discretion.

At least seven (7) working days prior to any meeting to be held upon Bidders request, BIDDER shall submit to COMPANY/PMC an agenda of all subjects to be

discussed including a brief summary of each subject. BIDDER shall be permitted

to represent at this meeting by a maximum no of 3 (three) personnel, whose names

and designation shall be sent along with Bidders request for such a meeting.

COMPANY/PMC shall not permit any such clarification meeting to be used as a

means of negotiation with respect to the proposed CONTRACT and / or any of its

terms and conditions and the Price.

All expenses incurred by BIDDER for the clarification meeting(s) shall be at

Bidders own account

2.1.15 CORRECTION OF ERRORS IN PRICE BIDS

OWNER/PMC will check Price Bids for any arithmetic errors in computation and

summation. OWNER/PMC will correct errors as follows:

If some discrepancies are found between the quoted rates by bidders given in

words and figures of the amount in the tender, the following procedures shall be

applied:

a) Where there is a difference between rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken as correct.

b) When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct.

c) When it is not possible to ascertain the correct rate in the manner prescribed above the rate as quoted in words shall be adopted.

d) Where there is a discrepancy between the lump sum prices and price break up, in that event lump sum prices will be considered final and break up of prices

adjusted accordingly.





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2.1.16 OWNERS/PMCs RIGHTS TO ACCEPT / REJECT ANY OR ALL BIDS

Notwithstanding what is stated above, OWNER/PMC reserves the right to accept

or reject any or all Bids at any time prior to the award of contract without

assigning any reason whatsoever and without thereby incurring any liability to the

affected Bidder for Owner/PMCs action.

2.1.17 FIRM OFFER

The prices quoted by bidders shall remain firm, fixed and valid until completion of

the Contract performance to the satisfaction of the OWNER and will not be subject

to escalation/variation on any account. It may be noted that no deviation on this

account will be acceptable and offer not containing firm price may not be

considered for evaluation.

2.1.18 FORM OF BID / ADDITIONAL REQUIREMENT

The forms given in the tender Document are the minimum requirements to be

furnished by the bidder. Additional information, if required, can also be attached

with the form.

2.1.19 INDIAN LAWS

Bidder is reminded that they will be subject to Indian Laws, Government of India

rules and regulations / guidelines, practices and conditions as applicable from time

to time. All matters shall be subject to jurisdiction of Indian courts only.

2.1.20 LOCAL CONDITIONS

It will be imperative for each bidder to fully inform themselves of all local

conditions and factors which may have any effect on the execution of the contract

as described in the Bidding Documents. In their own interest, the bidders are

particularly requested to familiarize themselves with the Income Tax &

Withholding Tax, Insurances, the Companies Act, the Customs & Excise duties,

Service Tax, Works Contract Tax and other related acts and laws prevalent in

India.

2.1.21 TRANSFER OF BIDDING DOCUMENTS

Transfer of Bidding Documents Purchased by / issued to one Bidder to another Bidder is not permissible. Similarly, transfer of Bid submitted by one Bidder to

another is also not permissible.





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2.1.22 INSPECTION OF WORK SITE

BIDDER is advised that it is fully responsible for conducting any additional

investigation at site that BIDDER deems necessary to submit the proposal.

BIDDER shall be deemed to have inspected and examined the WORK SITE and to

have full and complete knowledge of the surface and subsurface conditions

existing at the WORK SITE and its surroundings, and to have satisfied themselves

before submitting BIDDERs proposal as to the nature of the ground and the subsoil, prevailing sea states during various periods of the year and to have taken

into account by information in connection therewith which may have been

provided by or on behalf of COMPANY. BIDDER shall have satisfied itself as to

the form and nature of the WORK SITE, the extent and nature of the WORK and

MATERIALS necessary, the means of communication with access to the work

site, the availability of port facilities and marine conditions at the port, details of

the road and highway network, accommodation etc. BIDDER may require and in

general to have obtained all necessary information as to the risk, contingencies and

all other circumstances influencing or affecting BIDDERs proposal.

COMPANY/PMC shall not be liable for any claims from successful BIDDER by

reason of any error, insufficiency or omission due to the information provided by

the COMPANY/PMC.

2.2 PROCEDURE FOR BID SUBMISSION & AWARD

2.2.1 SUBMISSION OF BIDS

All bids shall be prepared by typing or printing with indelible black ink and shall

be submitted.

All Addendum(s) / Corrigendum(s) to Bidding Document issued by

OWNER/PMC, if any, must be signed and submitted along with the Bid. The Bid

submitted by the Bidder shall take into account all such Addendum(s) /

Corrigendum(s).

Bidder shall at the time of submission of un-priced Bid, include as part of their bid,

the original copy of the bid document duly filled, signed and stamped on each page

in token of Bidders acceptance. However, Bidder is required to go through these documents and give an undertaking that these documents have been fully read and

understood by the Bidder and their Bid has been prepared accordingly. Bidder

shall further undertake that in the event of their bid being considered for award of

work, the Bidder shall sign and stamp each page of these documents as part of the

contract. The undertaking shall be in the format enclosed as Annexure-2.





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Bids complete in all respects, shall be submitted in TWO parts (PART I & PART

II) in two separate sealed envelopes in the following manner.

A) PART-I

The PART-1 termed as UNPRICED BID shall contain the following:-

1. Bid Document duly signed and stamped on all pages.

2. Letter of submission of Tender.

3. Format as per Cl. 1 of GCC duly filled/ signed by the Bidder.

4. Information about bidder.

5. Previous experience of the bidder

6. All techno commercial information excluding the price

7. Addendum(s)/corrigendum(s), Bid clarifications if any.

8. All documentary evidence in support of the bidder having satisfied the prequalification criteria as mentioned in Section 1.

9. Power of Attorney in the name of the person who has signed the bidding documents.

10. Partnership Deed in case of Partnership Firm or Memorandum and Articles of Association in case of Limited Company.

11. Details of proposed equipment, tools & tackles

12. Deviations (if any) - Bidders are requested to submit their bid strictly based on the terms, conditions and specifications contained in the Bid document.

However, in case of any unavoidable deviations the same has to be specified

in separate sheet as per format attached as Annexure 3. HPCL/INTEC

reserves the right to evaluate the offer containing deviations having financial

implications after adding cost of such deviations as determined by

HPCL/INTEC. OWNER/PMC also reserves the right either for acceptance

or rejection of deviations if any, stipulated by the Bidders.

13. Details of concurrent commitments of the bidder.

14. Proposed work plan indicating important details.

15. Earnest Money Deposit (EMD) in the form of Demand Draft.





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16. Latest Solvency certificate from a bank indicating amount to which the bidder is solvent to prove the financial stability to carry out the work.

17. Acknowledgement as per Annexure 1

18. Checklist as per section 6

19. One copy of Schedule of Price as per SECTION 5, prepared for this contract

with price blanked out.

Note: Price data should not be given at any part of this un-priced bid. Un-

priced bid containing price data is liable for rejection at the sole

discretion of HPCL/INTEC.

All these documents are to be enclosed in a sealed envelope and super

scribed as Operation and maintenance of Single Point Mooring System of Visakh Refinery of Hindustan Petroleum Corporation Ltd, RFQ No:

21534102-501-ITB-011 (CONFIDENTIAL) due on 15.02.2010

Technical/Un-priced Bid PART-I.

BID DOCUMENT (ORIGINAL) PLUS THREE COPIES OF ALL

ATTACHMENTS SHALL BE SUBMITTED IN SEALED COVERS AS

MENTIONED ABOVE.

All pages of the bidding document shall be duly signed by an authorized

representative of the bidder and further the company seal shall also be affixed on

all pages as token of acceptance failing which HPCL/INTEC has the right to reject

the offer.

B) Part- II

The PART II termed, as PRICED BID shall contain SCHEDULE of PRICES as per Section 5. This should be put in a sealed envelope and super scribed as

Operation and maintenance of Single Point Mooring System of Visakh Refinery of Hindustan Petroleum Corporation Ltd, RFQ No: 21534102-501-ITB-011 due on

15.02.2010 (CONFIDENTIAL) Priced Bid- PART - II.

Price bid shall contain ONLY one set of the PRICE SCHEDULE marked

ORIGINAL duly signed and stamped on all pages. This shall not stipulate any

conditions. Price bid containing any stipulations is liable to be rejected at the

sole discretion of HPCL/INTEC.

C) The two sealed envelopes (Envelope 1 containing PART-I (UNPRICED BID)

and Envelope 2 containing PART-II (PRICED BID) should be submitted





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together in another sealed envelope. The single envelope shall be pasted with

CUT OUT SLIP as per Annexure-4.

Note:

Price bids containing overwriting / cuttings / erasures in the quoted price and in

case these are not attested by the signatory of the bid, such prices are liable to be

rejected at the sole discretion of OWNER/PMC, without giving any further notice.

D) The bid shall be sent by courier to Mr. N Vibhoosana Raj, Senior Manager-

Materials, Central Engineering, Petroleum House, Hindustan Petroleum

Corporation Limited, 17, Jamshedji Tata Road, Mumbai- 400 020,India

E) The bid documents has to reach above mentioned HPCL office at Mumbai on or

before the due date and time specified in the Notice Inviting Tender. The time and

date hereafter referred to as the bid closing date/bid due date.

2.2.2 SIGNING OF BID

a) The Bid must contain the name, designation, residence and place of business of the person or persons submitting the Bid, and must be signed and sealed by the

Bidder with his usual signature. The names of all persons signing should also be

typed or printed below their signature.

b) Bid by a partnership firm must furnish full names of all partners and be signed in the Partnership name, followed by signatures, and designations of authorized

partners or other authorized representatives. The Partnership Deed / Agreement

should also be furnished.

c) Bids by Corporation / Company must be signed in the legal name of the Corporation / Company, by the President / Managing Director or by the Secretary

or other person or persons authorized to bid on behalf of such Corporation /

Company, with the seal of the Company / Corporation.

d) A bid by person, who affixes to his signature the word President, Managing Director Secretary, Agent, or other designation without disclosing his Principal, will be rejected at the discretion of OWNER/PMC.

e) Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the Bid.

f) The Bidders name stated in the Bid shall be the EXACT LEGAL NAME OF FIRM / COMPANY / CORPORATION, etc. as registered or incorporated.





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2.2.3 DELAYED/LATE / INCOMPLETE BIDS

Any bid received by the OWNER/PMC after the deadline for submission of bids

prescribed above (due to any reason whatsoever) will not be considered for

opening. Also incomplete bids may not be considered for evaluation at the sole

discretion of OWNER/PMC.

2.2.4 BID CURRENCIES AND PAYMENT

a) Indian Bidders:

For Indian bidders, the prices shall be quoted in Indian Rupees only and all

payments shall be made in Indian Rupees only.

b) Non-Indian bidders:

i) Non-Indian bidders shall quote in US Dollars for goods and services which

they will supply / render from outside India.

ii) The part of contract price the contractor envisages to spend in India through

the Indian sub-contractors / Indian associate company shall be quoted in

Indian Rupees and payment shall be made to the contractor in Indian Rupees

only.

Payment to the contractor shall be made in currency (ies) in which the contract

price has been indicated limited to the amount mentioned against each

currency.

2.2.5 BID VALIDITY

Bid validity shall be 4 (Four) months from bid due date / extended bid due date.

Bidders shall not be entitled during the said period to revoke or cancel the Bid or

to vary the same or any term thereof without the consent in writing of

OWNER/PMC. For varying any term in regard thereof, the Bidders Earnest Money Deposit / Bid Bond may be forfeited, at the sole discretion of

OWNER/PMC.

OWNER/PMC may require the bidder to extend the validity beyond the period

mentioned above. In such cases, any increase/decrease in price due to validity

extension will be considered for evaluation, provided such increase/ decrease is

submitted before the price bid opening.

2.2.6 BID OPENING

Only the Un-priced Part, i.e., Part I of the Bid shall be opened on the bid due date in the presence of authorized attending representatives of Bidders as

mentioned in Notice Inviting Tender. The Bidders representatives who are present





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shall sign a Bid Opening Statement evidencing their attendance. Not more than

two representative of each Bidder shall be permitted to attend the Bid opening.

During opening of un-priced part (Part I), only the name of Agencies, who have quoted and details of EMD furnished by them will be read out and no other

information, whatsoever, will be given.

The price bid i.e. Part II will be kept unopened until necessary technical and

commercial clarifications, by way of technical/commercial memorandum and/or

discussions are completed. Price part i.e. Part II, of only such bidders, who are pre-

qualified and are technically and commercially acceptable, shall be opened at a

later date to be intimated by the Owner/PMC.

2.2.7 DEVIATION TO BID REQUIREMENT

Bidder must submit the offer in line with the bid stipulations without taking any

deviation. The Bidder is cautioned that any exceptions taken to the following

Terms and Conditions included in this Bid document may result in rejection of the

Bidders proposal.

i) Contract period.

ii) Schedule of Prices

iii) Termination and Suspension clause

iv) Security Deposit

v) Scope of work / supply

vi) Arbitration

vii) Mobilization advance in excess of 5%

Exceptions, clarifications, queries and deviations, to terms and conditions other

than those mentioned above, if unavoidable, bidders may stipulate the same as per

format given in Annexure-3. This shall form part of unpriced bid (Part-I).

Bidder shall note that clarifications / queries / deviations mentioned elsewhere

in the offer shall not be given any cognizance.

Bidder shall, however, note that OWNER/PMC reserves their right not to seek any

clarification on deviations sought by the bidder and to evaluate their offers on as received basis.





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2.2.8 BID EVALUATION CRITERIA

The bids received from the bidders shall be evaluated on the basis of the Bid

Evaluation Criteria (BEC) as mentioned hereunder. OWNER/PMC reserves the

right to change any criteria of Bid evaluation at their discretion. However, any

such change will be intimated to all the bidders.

2.2.8.1 Bids without Earnest Money deposit (EMD) will be considered as non-responsive

and such bids are liable for rejection at the sole discretion of OWNER/INTEC.

In case the bidder, in their covering letter to the bid, stipulates that EMD has been

forwarded separately and in case the EMD is not received before the un-priced bid

opening, their offer will be rejected at the sole discretion of OWNER/PMC.

2.2.8.2 If any price is indicated in the Part 1 (Unpriced Bid) of the Bid, such tenders shall be rejected straight away without further notice.

2.2.8.3 If a bidder fails to respond to clarifications/required information within the cut-off

period, their bid will be rejected or will be valuated on the basis of available data, at

OWNER/PMCs sole discretion.

2.2.8.4 Determination of Responsiveness

(i) For the purpose of this clause, a substantially responsive bid is one which

comprises all information / documents (i.e. project management, planning

and scheduling, HO and field setup, procurement, inspection and expediting,

coordination with Owner/PMC, QA/QC program, consent letters of the sub-

contractor/ backup consultant / licensor etc) and which conforms to the

terms and conditions and specifications of the Bidding Document without

material deviation or reservation. A deviation or reservation is one which

affects in any substantial way the scope, quality or performance of the works

or which limits in any substantial way or is inconsistent with the Bidding

document, the OWNERs right or CONTRACTORs obligation, and which would affect unfairly the competitive position of Bidders presenting

substantially responsive bids.

(ii) Only those bids, which are complete in all respects and are in accordance

with the terms and conditions and technical specifications of the Bidding

document, shall be considered for evaluation. Such bids shall be deemed to

be under consideration immediately after opening of Bids.

(iii) Bidder will not be permitted to change the substance of the Bids after

opening of Bids.





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(iv) If a Bid is not substantially responsive to the requirements of the Bidding

documents, it may be rejected at the sole discretion of OWNER/PMC.

2.2.8.5 After opening of priced bids, all the prices will be checked for arithmetic errors, if

any. Item rates which have not been quoted for in the first instance, irrespective of

whether these are incidental to the categories of works for which rates have already

been quoted or belong to separate categories, will not be called for from the

bidders. The prices of such bidders will be evaluated based on loading by the

highest quoted item rate by any bidder for such item. Item for which rates are not

quoted by the bidders will be evaluated as deemed fit by OWNER/PMC. However,

in case a bidder has not quoted rates for any items, which amount to 10% of

OWNER/PMCs estimate or more, such bids shall be considered incomplete and shall be rejected.

2.2.8.6 The prices quoted by the bidders who have retained deviations to the terms and

conditions for which loading basis has been specified in the Bid documents or such

deviations which are otherwise considered acceptable and can be quantified, shall

be loaded accordingly. The prices quoted by all the tenderers shall be loaded for

the deviations to the terms and conditions and/or technical specifications as per the

loading factors given in Annexure 6.

If any loading factor other than those specified in the Annexure 6 is required, they

will be intimated to the bidder before opening of priced bids.

2.2.8.7 Criteria for Loading & Evaluation

(i) Base Price

The total price for the complete work as quoted in the Schedule of Prices shall be taken as base price for evaluation.

(ii) The Bids received and accepted will be evaluated by Owner/PMC to

ascertain the respective position of the best evaluated Bid in the interest of

Owner for the complete work covered in bidding document.

2.2.8.8 FOREIGN EXCHANGE COMPONENT

For the purpose of evaluation of Bids, Foreign Exchange (TT selling rate) as

intimated by Scheduled Bank / published in Economic Times, on the day prior to

opening of Price Bid will be considered.

2.2.9 CONDITIONS FOR REJECTION OF BID

The following conditions would lead to the forfeiture of Bid.

a) If the bid is withdrawn during the validity period or any extension thereof.





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b) If the bid is varied or modified in a manner not acceptable to the

COMPANY/PMC during the validity or agreed extension validity period

duly agreed by the bidder or after issue of FOA/LOA by COMPANY and

prior to signing of the Contract.

c) If the successful bidder is seeking modifications to the agreed terms and

conditions after issue of FOA/LOA.

d) Any effort by the bidder to influence the COMPANY/PMC on bid

evaluation, bid comparison or Contract award decision.

2.2.10 MODIFICATION AND WITHDRAWAL OF BIDS

(i) In case any clarifications are sought by the COMPANY/PMC after opening

of tenders, then the replies of the bidder should be restricted to the

clarification sought. Any bidder who modifies their bid (including a

modification which has the effect of altering the value of their offer) after

opening of Techno-contractual bids without specific reference by the

COMPANY/PMC shall render the bid liable to be rejected without notice

and without further reference to the Bidder.

(ii) No bid may be withdrawn in the interval between the deadline for the

submission of bids and the expiration of the period of the bid validity

specified by the bidder on the bid form. Withdrawal or unsolicited

modification of a bid during this interval shall result in the bidders forfeiture of its bid security.

2.2.11 NOTIFICATION OF AWARD

Prior to the expiring of the period of Bid validity prescribed by the OWNER/PMC,

the OWNER will notify the successful Bidder by Fax of Acceptance (FOA) that

their Bid has been accepted. This notification of award shall contain the sum,

which the OWNER will pay to the successful bidder in consideration of the

execution and completion of the work as per Contract. OWNER will be the sole

judge in the matter of award of Contract and the decision of OWNER will be final

and binding.

2.2.12 SIGNING OF CONTRACT AGREEMENT

Detailed letter of acceptance (LOA) along with all its enclosures shall be issued to

the successful bidder after issue of Fax of Acceptance by the OWNER. The

successful bidder shall sign Agreement with the OWNER within 10 days from the

date of issue of detailed letter of acceptance on a non-judicial stamp paper. The

cost of non-judicial stamp paper shall be borne by the BIDDER.





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Upon execution of agreement by the successful Bidder, OWNER will return the

EMD of unsuccessful Bidders.

2.2.13 SECURITY DEPOSIT

The successful bidder is required to make security deposit to the OWNER as

specified in clause 4 b) of HPCLs General Conditions of Contract.

2.3 INFORMATION TO BIDDERS

2.3.1 Following are the environmental conditions prevalent at Visakhapatnam:

TABLE 1

ENVIRONMENTAL CONDITIONS FOR 1-YEAR RETURN PERIOD SPM OPERATIONAL CONDITIONS

Water Depth (CD) 10m 20m 30m 35.5m

(SPM)

Storm Surge, m NA NA NA NA

Significant Wave Height, Hs, m 2.4 2.7 3.2 3.1

Spectral Peak Period , Tp, s 6.8 7.2 7.9 7.7

Maximum Wave Height, Hmax, m 4.0 4.5 5.3 5.1

Maximum Wave Period, Tmax, s 6-8 6-8 8-10 8-10

Predominant Wave Direction (N) 90-180 180-225

Wind Speed, m/sec 12.5

Surface Current, m/sec 0.4 0.9 1.2 1.2

Mid Depth Current, m/sec 0.4 0.8 0.8 0.8

Bottom Current, m/sec 0.4 0.5 0.6 0.6

Current Direction (N) 30-60 and 180-270

TABLE 2

ENVIRONMENTAL CONDITIONS FOR CYCLONIC CONDITIONS

Water Depth (CD) 10m 20m 30m 35.5m

(SPM)

Storm Surge, m 2.77 2.34 1.92 1.72

Significant Wave Height, Hs, m 6.3 9.7 10.7 11.3





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Spectral Peak Period , Tp, s 11.0 13.5 14.2 14.6

Maximum Wave Height, Hmax, m 10.4 16.0 17.7 18.6

Maximum Wave Period, Tmax, s 10-12 12-14 12-14 12-14

Predominant Wave Direction (N) 90-180 180-225

Wind Speed, m/sec 57

Surface Current, m/sec 1.14 1.79 2.31 2.53

Depth Average Current, m/sec

Refer Note 1

0.67 1.05 1.36 1.49

Bottom Current, m/sec 0.46 0.71 0.92 1.01

Current Direction (N) Omni Directional

Note 1: Depth average current shall be used for pipeline and SPM design

Note 2: The configuration of the underbuoy hoses is proposed to be lazy S type due to severe environmental condition.

TABLE 3

WATER LEVELS

Parameter Value

Highest Astronomical Tide (HAT), m +2.04

Mean High Water Springs (MHWS), m +1.52

Mean High Water Neaps (MHWN), m +1.08

Mean Sea Level (MSL), m +0.84

Mean Low Water Neap (MLWN), m +0.54

Mean Low Water Spring (MLWS), m +0.09

Mean Lower Low Water Springs (MLLWS),m +0.02

Lowest Tide, m -0.35

Chart Datum, m 0.00

TABLE 4

SEAWATER TEMPERATURES

Parameter Value

Surface Temperature at Extreme High (oC) 31.7

Surface Temperature at Extreme Low (oC) 25.0

Maximum Sea Bottom Temperature (oC) 29.9

Minimum Sea Bottom Temperature (oC) 24.0





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TABLE 5

SEAWATER PROPERTIES

Parameter Value

Mean Density (kg/m3) 1021

Kinematic Viscosity (cm2/Sec) 0.85 x 10

-2

TABLE 6

SPM LOCATION

Description Latitude Longitude Northing

(m)

Easting

(m)

SPM

Location 17

o 39 8.5 83o 18 55.3 1953230.46 745640.92

Water

Depth 35m below CD

2.3.2 Bidder shall collect other details pertaining to geographical location, general

climate, wind speed & direction, air temperature, relative humidity, cloudiness,

rainfall, depressions & cyclonic storms, visibility, special weather phenomena,

wave climate, ocean currents etc at Visakhapatnam from their own sources.




INTEC Doc. No:21534102-501-ITB-011 Date 22.01.2010 Rev 0

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SECTION 3

SPECIAL CONDITIONS OF CONTRACT (SCC)





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1. Special Conditions of the Contract (SCC) shall be read in conjunction with the General Conditions of Contract, Specifications, Drawings and other documents forming part of

this contract wherever the context so requires.

2. Notwithstanding the sub-division of the documents into these separate sections and volumes every part of each shall be deemed and be supplementary to and complementary

of every part and shall be read with and into the contract in so far as it may be practicable

to do so.

3. Where any portion of the General conditions of Contract is repugnant to and at variance with any provisions of the Special conditions of Contract, then the provisions of the

Special Conditions of Contract shall be deemed to override the provisions of the General

Conditions of Contract and shall to the extent of such repugnance or variations prevail.

4. Wherever it is mentioned in the tender documents that the contractor shall perform certain work or provide certain facilities, it is understood that the contractor shall do so at their

cost, being deemed to be part of the relevant item in the Schedule of Rates whether

expressly stated or not.

5. The materials, design and workmanship shall satisfy the relevant Indian/ASME/API/BIS/OISD/OCIMF or any other standards, specifications contained

herein and codes referred to. Where the specifications stipulate requirements in addition

to those contained in the standard codes, these additional requirements shall also be

satisfied.

6. The questionnaire enclosed as Annexure A to H to be filled in by the bidder. Failure to fill the questionnaire therein may make the tender liable for rejection.

7. Due consideration i.e first right of refusal, will be given to Vessels/Boats with Indian Flag as per the S.D. Circular-2/2002 dated 08.11.02 issued from the office of the

Director General of Shipping, Mumbai and any amendments issued subsequently

thereof.

8. GENERAL General Conditions of Contract (GCC) are applicable for Security Deposit and other

conditions except for defect liability period. The Compensation for failure/omission shall

be as detailed vide Para 13 below.

9. MATERIALS SUPPLY - OWNER'S RESPONSIBILITY Owner's responsibility shall be confined to supply of the following materials to

Contractor for rendition of services free of cost at Owners Warehouse at Visakhapatnam:

Spare parts of SPM

Mooring Hawser system Links, Shackles, Thimbles, Pins, Nylon hawsers, lace on floats, chafe chain, wire pendent with connected shackles, pick up rope & messenger

rope.

Floating Hoses and its accessories - Hoses, snubbing chain with connectors, master links & shackles, pick up chain with connectors, master links & shackles, butterfly





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valves, blind flanges, O rings, Cam lock coupling, Marine Breakaway Coupling & its floats, winker lights etc.

Under Buoy Hoses and its accessories Hoses, FADs, Umbilical with supports & floats

Special purpose Grease for SPM Bearing and Grease for Winch wire

Pull Rope for securing the additional length of the floating hose when smaller tankers are berthed at SPM

Paint for SPM system.

DCP/ CO2 fire extinguishers installed inside the buoy and onshore control room.

Supply as spares, specialized bolts and nuts (Teflon coated/SS), gaskets for permanent installations

HPCL scope of services shall include the following: i) Operation of onshore system shall be by HPCL this will include operation

manpower at SPM control room and onshore pipeline valve operation, pig receiver pumps,

lighting etc

ii) The Contractor's scope for operation on tanker and SPM shall be limited to hose

pick up and connection and disconnection, assist in hawser pick up and connection,

continuous diving support during offloading operation which will also include inspection of

hoses (floating and underbuoy) before, during and after offloading, valve operation and

providing operating and maintenance assistance to HPCL personnel during SPM operation.

iii) The operation staff for supervision, monitoring and control of offloading on

SPM/Tanker shall be by HPCL. Maintenance contractor shall arrange movement of

HPCL/their representatives to and fro from shore to SPM as and when required in the launch.

iv) All tanker related coordination with VPT, tanker master etc.shall be by HPCL.

v) All statutory requirements for tanker offloading, customs etc. shall be directly

handled by HPCL.

10. CONDITION FOR OWNER- SUPPLIED MATERIALS

The contractor shall be responsible at their own initiative and cost to take delivery of the materials to be supplied from Owners Warehouse (vehicle arranged by contractor shall have a flame arrestor to enter into owner ware house premises) and to transport

the same to the job site for replacement, utilization, fabrication, erection etc. via

road/port/sea. Contractor shall mobilize crane lifting machinery/slings/lifting tools

etc, at owners warehouse for safe shifting of materials from owners warehouse to contractors vehicle. In case any assistance is required in this regard, owner may provide required machinery subject to availability of the same on chargeable basis,

which is at the discretion of the Engineer in Charge.

On completion of the works or upon prior termination of the contract, the contractor shall forthwith at their own risk and cost, return the materials (all empties, used

spares, pipes and other surplus materials including but not limited to salvageable

wastage remaining in the hands of the contractor) to the Owners Warehouse as directed by engineer-in-charge.





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If, in the opinion of the owner, any surplus material, returned by the contractor is not in good condition, or is unusable, the owner may reject the same in which event the

contractor shall be deemed to have failed to return to the owner the surplus material(s)

in which case the original cost/ assessed cost of the material shall be recovered from

contractor. Engineer in charge decision is final in calculating the cost of damage.

The contractor shall return all empty packing cases, wood packing which had contained materials issued by the owner to Owners Warehouse as directed by the engineer-in-charge.

All materials issued by the Owner to the Contractor shall be preserved against deterioration and corrosion while under Contractors custody. Any damages/ losses suffered, on account of non-compliance with requirements stipulated herein, shall be

considered as losses suffered due to willful negligence on the part of the Contractor

and they shall be liable to compensate for the losses suffered at penal rates to be

determined by the Engineer-in-Charge and his decision with regard to the rates

charged for the purpose of recovery shall be final and binding on the Contractor.

Various equipments and materials intended for maintenance of SPM System will be received by Owner in unpacked, skidded, crated, packed or loose condition and will

be stored in the Owners Warehouse and materials will be issued to the Contractor in as received condition.

All materials issued to the Contractor shall be duly protected with the appropriate preservative coating which should be examined while receiving the materials from

Owners Warehouse and subsequently renewed from time to time by the Contractor wherever necessary. The Contractor shall be responsible for procuring these

preservatives and applying them at their cost, if such protective coating of the

equipment and materials are damaged while in their custody. In particular, the

following aspects, but not limited to them, are brought to the Contractors attention: o The Contractor shall check condition of the valves, fittings and spe