TENDER FOR TRANSPORTATION OF

TENDER FOR TRANSPORTATION OF

PACKED LPG CYLINDERS

EX. LUDHIANA LPG PLANT

TENDER NO. LPG/TPT/NZ/217

CREDENTIAL BID

CLOSING ON 09.09.2009

AT 1500 HRS.

OFFICE OF THE LPG SBU HEAD- NORTH ZONE

HINDUSTAN PETROLEUM CORPORATION LTD

NORTH TOWER, 8TH FLOOR, SCOPE MINAR,

VIKAS MARG, LAXMI NAGAR

DELHI - 110092

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Important note : The tenderer is requested to read the contents of the tender document very carefully before filling up the same and also necessarily required to sign each page of both bids before submission

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HINDUSTAN PETROLEUM CORPORATION LTD

SCOPE MINAR , NORTH TOWER , 8TH FLOOR

LAXMI NAGAR DELHI 110092

________________________________________________

Tender No. LPG/TPT/NZ/217 Date: 04.08.2009

CREDENTIAL BID

SUB: TRANSPORTATION OF LPG CYLINDERS

EX. LUDHIANA LPG PLANT

Sealed tenders are invited under 2 bid system for transportation of LPG cylinders ex- Ludhiana LPG Plant to Punjab markets.

Please provide complete data, required documents and the EMD draft along with the credential bid. Lowest rate should be quoted in words and in figures in the Priced Bid of Tender Schedule attached herewith. Rates should be quoted in the given units. Please also refer to the attached illustration before filling up your rates in the price bid.

Tenderers are requested to go through all the Terms and Conditions and Draft Agreement carefully before submitting their tenders. The Transportation Contract will be valid for a period of 2 years with an option to extend it for one more year at the sole discretion of the Corporation. Rates quoted by the tenders should be valid for acceptance for 180 days from the due date.

Due date and time for receipt of tender : 09.09.2009 by 1500 Hrs

Earnest Money Deposit (EMD) of Rs. 1,00,000/- (Rupees one lac only) for Transporters and Rs. 10,000/- (Rs. Ten Thousand) for Dealer-cum -Transporters for their own load requirements only through a Crossed Demand Draft from any Scheduled bank (other than cooperative banks) favoring M/s. Hindustan Petroleum Corporation Limited payable at New Delhi should be enclosed with the Credential Bid of the Tender. Name of the party and tender number should be written on the reverse side of Draft by the bidders. The bidders to note that the DD towards EMD and Tender fees should be sent in an envelope superscribed with the tender name & due date and should reach the office of the undersigned at the above mentioned address, on or before the due date and time. Offers for which the DDs are not received will not be considered at all.

Public Sector Undertakings are exempted from payment of EMD. As per the policy advised by the Department of Public Enterprises, purchase preference for products and service support will be extended to the contracts of the value of Rs. 5 Crores and above but not exceeding Rs. 100 Crores.

As per Government guidelines, there is a provision of reservation for award of contract to Schedule Castes (15 %) and Schedule Tribes (7.5 %) ; subject to their fulfilling all the tender terms and conditions. Transporters eligible under these categories should clearly indicated the same and provide proof (upload an attested/notarised copy of the same) obtained from competent authorities.

Total number of trucks required under this contract is approximately 36 only. Details of the estimated volume of business in the above mentioned Sector is given in the Price Bid. The Transporters to own minimum 2 trucks in their name or partner's name or firms name. LPG Dealers of the Corporation who wish to operate as dealer cum transporter for lifting their own loads should have at least one truck registered in his name or the name of the Dealership and should necessarily participate in the tender. Contract to the participating dealer cum transporters shall be awarded only on the basis of their merit in the tender . In case of Cooperative Societies the trucks should either be registered in the name of the concerned Society and the name of Society must appear in the Registration Certificate of the trucks issued by the competent transport authority or in the name of any of the registered members of the Society .

The tenderers to ensure that the model of the quoted trucks should not be prior to the year 1997 and the vehicles should meet all statutory requirements specified as per local transport authorities from time to time.

The vehicles whose papers are not found complete during the credential bid review, are likely to be rejected. The bidder in such case will not have any claim for that particular truck in the tender . In case by rejecting any such truck the eligibility of the bidders in the tender is at stake no request from the bidder for their consideration will be accepted, and the Corporations decision in such case will be final. To ensure smooth operations at the Plant, the Corporation shall induct minimum 3 Transporters, irrespective of the number of trucks quoted by them.

Rates quoted by the bidders would be considered as the rates quoted based on the HSD price prevailing on the due date / extended due date on which Credential Bids are opened. Whatever escalation /de- escalation in price of HSD / Lubes / tyres takes place after the above date, appropriate increase / decrease over and above the finalised rates would be granted as per clause 19 of the agreement, format of which is enclosed.

Thanking you.

Very truly yours

Senior Manager

Engg. & Purchase (LPG)

HPCL, North Zone

HINDUSTAN PETROLEUM CORPORATION LIMITED

(A Govt. Of India Enterprises)

TENDER NOTICE

Transportation of Packed LPG Cylinders Ex Ludhiana (Punjab) LPG Bottling Plant

[Tender No.: HP GAS/TPT/NZ/217 Due Date : 09.09.2009 at 3.00 PM]

Sealed tenders are invited under two Bid system from experienced transport contractors owning at least two trucks, registered in their names, for transportation of LPG cylinders ex - Ludhiana LPG Plant to Punjab markets. LPG Dealers of the Corporation who wish to operate as Dealer cum transporter for lifting their own loads must have at least one truck registered in the name of the Dealer or the Dealership and should necessarily participate in the tender. Contract to such dealer cum transporter shall be awarded only on the basis of their merit in the tender.

Total number of trucks required under this contract is approximately 36. The period of contract is for a period of two years and can be extended for one more year on the sole discretion of the Corporation. The contract is liable to be terminated at any time giving one months notice to the contractors / dealer cum transporter. Rates quoted by the tenderers should be valid for 180 days from the due date. A set of non -transferable tender forms can be obtained from our HOSHIARPUR LPG Regional Office, Village Daha, PO Mandalian, Jalandhar Road, Hoshiarpur (Tel. No.. 01882-260875) from 10 AM to 4.00 PM on any working day from 12.08.2009 to 08.09.2009, either in person or through mail against non-refundable payment of Rs. 1000/- (Rupees One Thousand only) by Demand Draft only. The Demand Draft should have been obtained from a scheduled bank only, and should be in the favour of Hindustan Petroleum Corporation Ltd. payable at Hoshiarpur. The tender documents can be downloaded from our website www.hindustanpetroleum.com also. Bidders who submit the downloaded tender form should necessarily enclose the requisite tender form fees of Rs. 1000/- (Rupees One Thousand only) by way of demand draft obtained from a scheduled bank. The demand draft for tender fees and EMD in such case should be inserted in the Credential Bid envelope only.

EMD amount is Rs. 100,000 /- (Rs. One Lac Only) for transporter and Rs. 10,000 / - (Rs. Ten Thousand Only) for dealer cum transporter. The A/c payee demand draft obtained from a Scheduled Bank only (other than cooperative banks) for EMD will be made in the name of Hindustan Petroleum Corporation Ltd payable at NEW DELHI. Cheques, FDRs and also instruments obtained from cooperative banks will not be accepted under any circumstance.

If the EMD demand draft does not accompany the technical Bid and accompanies the priced bid, the tender will not be considered at all. The EMDs if refundable, will be refunded only after finalisation of the contract. Public Sector Undertakings are exempted from payment of EMD. As per the policy advised by the Department of Public Enterprises, purchase preference for products and service support will be extended to the contracts of the value of Rs. 5 Crores and above but not exceeding Rs. 100 Crores. As per Government of India guidelines, there is a provision of reservation for award of contract to bidders belonging to Scheduled Caste (15%) and Scheduled Tribe (7.5%), subject to their fulfilling all the terms and conditions of the tender. Tenderers, eligible under such categories should indicate the same and should necessarily attach a certificate issued by the competent authorities.

The Credential Bids should be accompanied with required EMD and copies of Registration Certificates of all trucks quoted in the tender, Bankers Certificate from a Scheduled Bank for Financial standing, Latest audited Balance sheet and Certificates issued by Competent Authorities. Copies of all above documents should be duly attested by Plant Manager/Chief Regional Manager or by Notary public. Sealed tenders super scribed with the respective tender number, should be deposited in the LPG Tender Box kept near reception counter of our North Zone Office, situated on 8th Floor, North Tower, Scope Minar, Laxmi Nagar, DELHI - 110092 by the due date & time. Tenders received after the stipulated date and time for receipt of tenders, due to any reason will not be entertained. The Credential Bids will be opened in the presence of the attending tenderers on the due date at 1530 Hours. After having necessary clarifications, if any, against the Credential Bids the Price Bids of only those tenderers whose 'Credential Bids are found technically acceptable, shall be opened at a later date under notice to the eligible tenderers to enable them to attend the opening of Price Bids. No correspondence shall be entertained from the tenderers whose credential bids are not technically acceptable. The Corporation reserves the right to finalise, accept or reject any or all tenders in full or in part without assigning any reason whatsoever.

Dt. 04.08.2009 Senior Regional Manager LPG

SURAKSHA HOSE IS THE TOTAL SAFETY IN YOUR KITCHEN

CHECK LIST OF TENDER DOCUMENT

( 1 ) C R E D E N T I A L B I D

Sr. No.

DETAIL OF DOCUMENT

1

EVALUATION CRITERIA

2

INSTRUCTIONS TO TENDERERS FOR SUBMISSION OF DOCUMENTS .

3

GENERAL TERMS & CONDITIONS ( APPENDIX I )

4

QUESTIONNAIR ( APPENDIX II )

5

DETAILS OF AVAILABLE TRUCKS ( APPENDIX III )

6

STATEMENT OF CREDENTIALS & ( APPENDIX IV )

D D DETAILS FOR E. M. D.

7

DRAFT OF STANDARD CONTRACT AGREEMENT & INTEGRITY PACT AGREEMENT [APPENDIX V, V(A) & V (B)]

8

SC / ST CERTIFICATE ( IF APPLICABLE ) ( APPENDIX VI )

9

AFFIDAVIT FOR ATTACHED TRUCKS

IF APPLICABLE ( APPENDIX VII )

10

SPECIAL TERMS AND CONDITIONS ( APPENDIX VIII)

11

DECLARATION BY THE TENDERER

12

PHOTOGRAPH OF PACKED TRUCK

( 2 ) P R I C E B I D

Sr. No.

DOCUMENT

1

PRICE BID - SCHEDULE OF RATES

2

PROPOSED PACKED SUPPLIES AND ESTIMATED VOLUMES OF BUSINESS & RTKM

3

ILLUSTRATION / EXAMPLE TO QUOTE RATES

IMPORTANT *** :

CREDENTIAL BID (UNPRICED BID) AND DEMAND DRAFT OF EMD TO BE PLACED IN ==================> SEALED ENVELPOPE B

PRICED BID TO BE PLACED IN ================== > SEALED ENVELOPE C

SEALED EVELOPES OF CREDENTIAL BID B & PRICED BID C TO BE PLACED IN ===================== > SEALED ENVELOPE A

*** ANY OF THE BID IF FOUND PLACED IN ENVELOPE NOT MEANT FOR IT SHALL NOT BE CONSIDERED . TENDERS OF SUCH BIDDERS WHO DO NOT ABIDE BY ABOVE INSTRUCTIONS , WILL BE REJECTED .

EVALUATION CRITERIA

IMPORTANT : NOT WITHSTANDING ANYTHING CONTAINED ELSEWHERE IN THIS TENDER , IN THE EVENT THAT CORPORATION RECEIVES THE SAME RATE FOR A PARTICULAR SECTOR / DISTANCE SLAB W.R.T ANY SOURCE / LOADING BASE BY A GROUP OF BIDDERS , THE CORPORATION RESERVES THE RIGHT TO BELIEVE THAT THESE BIDDERS HAVE FORMED CARTEL AND THE RATE QUOTED AS `CARTEL RATE ` AND MAY ACCEPT OR REJECT OR NOT RECKON SUCH RATES / OFFERD TRUCKS / RANKING ETC. OF SUCH OFFERS . IN SUCH CASE THE CORPORATION ALSO RESERVES THE RIGHT TO FOLLOW THE NEGOTIATION PROCESS WITH SUCH BIDDERS IF DEEMED FIT AND AMMEND THE EVALUATION CRITERIA BEST SUITED TO THE INTEREST OF THE CORPORATION .

1. LPG distributors of the Corporation who participate in the tender as dealer-cum-transporters should quote specific / competitive rates in their price bids. Other things being equal, preference will be given to HPC dealers who participate in the tender as dealer-cum-transporters and are successful on the merits of the tender , such dealers would be awarded the contract to uplift only their own load requirements by their trucks at the lowest negotiated rates. Balance business available in each sector would be distributed among the successful transporters of that sector as per the method of distribution detailed below:

2. The criteria for evaluation of the price bid and finalization of contract shall take into account

(i) Lowest value of the offer in each sector

(ii) Ranking of the tenderer in each sector

(iii) Reservations to SC/ST (Provided eligible SC/ST bidders accept the L1 rates)

(iv) No. of trucks offered by the tenderer for which RC books have been found in order.

3. To have flexibility and to ensure smooth supplies of LPG cylinders, minimum two transporters are required in each sector. Negotiations will be carried out only with the L1 party/parties Counter-offer of the rates finalized with the L1 party will be made to the other parties in ascending order of their rankings, till the full requirement of trucks is met at the L1 rate in each sector.

4. If two transporters are required, business would be distributed between the L-1 and the L-2 Transporters in the ratio of 60:40 as per the rates finalized with the L-1 Transporter. If there are two Transporters quoting the same lowest rate (two L-1 parties) the business would be distributed between the two L-1 Transporters in the ratio of 50:50. If the business is to be distributed among L1, L2 ad L3 parties, apportionment after matching of rates will be made in the ratio of 50:30:20, and such other basis for more than three parties. The business of transportation will be awarded to the eligible bidders strictly as per the applicable ratio subject to the limitation of number of trucks quoted by them . The shortfall of trucks if any shall be fulfilled from the balance eligible bidders matching the negotiated lowest rate as per their original ranking .

5. If the other eligible bidders do not agree to match the lowest negotiated rate counter offered to them, the Corporation reserves the right to fully award the business to the L-1 transporter. If the L-1 transporter alone is not capable of fulfilling the total requirement of trucks in that sector, then if it becomes necessary for the Corporation to transport in that sector at different rates, the Corporation reserves the right to award contract in such a way so as to enable the Corporation to get the maximum advantage.

6. In case of Partnership Firms, the truck quoted in the Tender should be registered either in the name of the firm or any one of the Partners of the Firm. In the event, the truck is registered in the name of a partner then such partner should submit affidavit for operating the truck in the name of firm. The tenderer should submit copy of Partnership Deed along with credential bid.

7. With increase in requirement of trucks due to ever increasing market demand, the Corporation at its sole discretion reserves the right to induct trucks from any LPG dealer of Hindustan Petroleum Corporation Ltd., who had participated in the Tender for enlistment of their own load requirement during the currency of the contract.

8. Successful LPG distributors of the Corporation will be awarded business only to uplift their own load requirements by their trucks. Since one dealers truck is not going to be utilized for sending load to the other dealer, the effective utilization of dealers trucks may be less in certain cases compared to the transporters trucks. Hence the exact number of trucks required in each sector from the transporters would be ascertained after evaluation of the Bids (after knowing the No. of trucks offered by the successful bidders).

9. Copies of RC books and affidavits in the enclosed format to be provided from the truck owners for all attached trucks. In absence of these documents, attached trucks offered by the bidders will not be considered. Corporation is not bound to collect the pending documents from the bidders. Bidders are required to furnish the information regarding the trucks as per requirements. Corporation is at liberty to reject any of the trucks whose details are either not submitted by the bidders or submitted wrong / dual information .

IMPORTANT NOTE

The successful transporters and dealer cum transporters are required to paint their trucks as per the new colour scheme prescribed by the Corporation, specification of which will be provided at the time of signing the Agreement by the Regional office / Bottling Plant . Please see last Page of this document for as a specimen photograph of a painted truck . In case any transporter or dealer cum transporter does not comply with the Corporation's standard colour scheme as specified , within a month of signing the Agreement, the Corporation will have the option of getting the job done directly and to deduct @ Rs. 10,000/- per truck from the transportation bill towards this cost. The contractors have also to ensure that the quality and appearance of the paint of their trucks is perfectly maintained throughout the period of their contract .

INSTRUCTIONS TO TENDERERS FOR SUBMISSION OF DOCUMENTS TO BE ENCLOSED

COPIES OF ALL DOCUMENTS LISTED BELOW SHOULD BE DULY ATTESTED BY CORPORATION`S CONCERNED PLANT MANAGER OR REGIONAL OFFICE HEAD OR BY NOTARY PUBLIC. ILLEGIBLE OR UN-ATTESTED COPIES OF THE DOCUMENTS WILL NOT BE CONSIDERED.

LIST OF DOCUMENTS

COPIES OF RC BOOKS OF ALL OWNED & ATTACHED TRUCKS

LATEST BALANCE SHEET

LATEST BANKER`S CERTIFICATE FOR FINANCIAL STANDING

SC/ST CERTIFICATE ISSUED BY COMPETENT AUTHORITY

(IF APPLICABLE)

PARTENERSHIP DEED ( IF APPLICABLE )

AFFIDAVIT FROM TRUCK OWNERS FOR ATTACHED TRUCKS

AFFIDAVITS FROM PARTNERS IF THE TRUCKS ARE OWNED BY THE PARTNERS IN THE FIRM

*** IMPORTANT NOTE:

EMD DRAFT SHOULD BE ENCLOSED WITH THE CREDENTIAL BIDS ONLY. NAME OF THE PARTY AND TENDER NO. SHOULD ALSO BE MENTIONED ON THE REVERSE SIDE OF THE DEMAND DRAFT

( No interest is payable on EMD amount . EMD shall be refunded only after finalisation of the contract . No correspondence for refunding the EMD before finalisation of the contract will be entertained by the corporation . )

ALL DOCUMENTS SUBMITTED AS DESIRED BY HPCL

APPENDIX I

GENERAL TERMS AND CONDITIONS

(A) SUBMISSION OF TERMS:

1. The tender document shall be purchased by the party in his/their own name as the tender document is non-transferable. (Please attach copy of the CR of purchase of Tender form )

2. Tender document are issued in duplicate (2 sets). Tenders must be submitted on one set as per the list of the Tender Document enclosed and should be strictly in line with our Terms and Conditions. Second set of Tender Documents is for Tenderers records.

I. COUNTER TERMS AND CONDITIONS WILL NOT BE ACCEPTED.

II. Over - writing should be avoided. Corrections, if any, should be initialed by the Tenderer If two rates in the price bid are written the lowest shall be considered .

3. The quotation, in sealed envelope, duly super scribed with the Tender Number should be dropped in the LPG Tender Box placed near reception counter of North Zone Office , 8th Floor , Scope Minar Laxmi Nagar , Vikas Marg , Delhi 110092 by the stipulated due date and time.

I) Unpriced Bid (Credential Bid) in - Cover Marked B

Unpriced quotations, dully filled in & signed together with Earnest Money Deposit & enclosures should be sealed in cover B.

II) Priced Bid in - (Cover Marked C)

Priced Bids, dully filled in WITH PRICE DETAILS and signed, together with all enclosures should be put and sealed in Cover C.

4. Both the above envelopes B & C duly sealed separately should then be enclosed in Common Envelope A provided along with the Tender documents and super scribed with Tender No./ opening date & time & item for which tendered, should be deposited in the LPG Tender Box at above address on or before the Due date & time.

5. Tenders received without Earnest Money Deposit and not meeting tender conditions / incomplete in any respect shall be rejected.

B) EARNEST MONEY DEPOSIT (EMD):

1. Tenderer shall pay the EMD of Rs. 100,000/- (Rs. One lac Only) for Transporters, only by crossed Account Payee Demand Draft in favour of M/s. Hindustan Petroleum Corporation Ltd. Payable at any scheduled Bank at New Delhi. Public Sector Undertakings are exempted from submission of EMD.

2. Cheques and / or request for adjustment against any pending dues/bills will not be accepted and any Tender with such cheques/ requests shall be treated to have been received without EMD and shall be rejected.

3. EMD will be forfeited if the tenderer:-

I. Modifies/withdraws the offer during the validity period of 180 days from the due date of tender.

II. Refuses to sign the Integrity Pact Agreement or transport contract agreement after award of contract by the Corporation.

III. Does not furnish the requisite Bank Guarantee.

IV. Is unable to position the trucks within the stipulated time after issuance of letter of Intent regarding award of contract and /or award of contract.

4. EMD for unsuccessful tender would be refunded only after finalization of the tender and on surrender of the original cash receipt issued by the corporation. In case of successful tenderer/s, the EMD would be refunded only after complete submission of the requisite Bank Guarantee.

5. No interest is payable on EMD. Also EMD of some other tender is not adjustable against this tender .

C) VALIDITY OF TENDERS:

Offers should be valid for acceptance for a period of 180 day from the date of opening of the Priced Bids. Once the tender is accepted and work awarded, the rates would be valid for the entire contractual period. No tenderer will be allowed either to withdraw or to revise his/ their offer after the last date of receipt of tenders.

D) 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 ( or as advised at the time of issuance of LOI), failing which Corporation may forfeit the EMD without prejudice to its rights and cancel the award without giving further notice.

E) BANK GUARANTEE:

1. Successful tenderer would be required to furnish a Bank Guarantee for the stipulated amount for the full period of contract (including the option period plus six months) within 15 days of issuance of 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 of contract without giving further notice.

2. Any loss, damage, charges and expenses arising out of the contract may be recovered from contractors running bills under the contract or running bills of any of his other contract with the Corporation.

F) COMMENCEMENT OF TRANSPORTATION:

Contractor will be entrusted with transportation work only after all the formalities, viz signing of Agreement and submission of bank Guarantee, etc are completed. All the trucks which will be deployed for transportation will be painted as per specification before actual deployment.

G) QUESTIONNAIRE (APPENDIX II) :

The attached Questionnaire must be filled completely and certified true in all respects. Tender is liable to be rejected if the information supplied therein, on inquiry, is found to be incorrect and /or false.

H) No unsolicited correspondence/queries will be entertained while the award of business /contract is under review. Corporation regrets its inability to answer individual queries.

I) The Corporation does not guarantee any definite minimum volume of business. Volumes will be advised to the contractor from time to time by the concerned Plant Manager and /or concerned Regional Office.

J) The number of cylinders to be transported to the dealerships shall be limited to only 300 cylinders. The trucks should be duly approved by the concerned RTO to carry the required weight. The deployment of size of trucks to be used shall however be at the sole discretion of the Corporation. No Bidder shall insist for the particular number of cylinders to be sent to particular market. The quoted trucks shall only be allowed to be deployed against the contract.

K) Integrity Pact : Effective 1st September, 2007, all tenders and contracts shall comply with the requirements of the Integrity Pact (IP) if the value of such tenders or contracts exceed Rs. 1 crore. Failure to sign the integrity pact shall lead to outright rejection of bid.

L) Grievances of the parties participating or intend to participate in the tender shall be addressed in writing to officer designate of the Grievance Redressal Cell where the tenders have to be submitted within the stipulated period. Detailed mechanism of Grievance redressal is available on HPCL website.

APPENDIX II

Q U E S T I O N N A I R E

1. Name of the firm ------------------------------------------------------------

2. Nature of the firm (state whether Ltd. Co.

Partnership, Co-op. Society or sole proprietor).

3. Year of Establishment

4. Registration Number, if any

5. Registered Postal Address

6. E Mail Address

7. Telephone no. (s) if any

8. Name of Directors/ Partners/

Proprietor as the case may be with

Address & Telephone No.

9. Address of Branches, if any

10. Name of the Bankers/Branch

with Full address

11. Type of Account & A/c No.

12. Name (s) of Persons (s) operating the account .

13. Code No. Allotted by Indian Banks

Association, if any

14. Name (s) of Authorized

Representative (s)

15 Category of the bidder GENERAL / SC / ST

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

APPENDIX III

DETAILS OF AVAILABLE TRUCKS

Provide details of the truck (s) which can be deployed exclusively under this contract. The transporter should own minimum 2 trucks in their name or their firms name which are not plying in other Contracts. Those who are quoting as dealer cum transporter, should own minimum 1 truck in their name or their firm name. Particulars of owned/attached trucks (Attach additional sheets, if required):

Sr. No.

Regn. No. Of Truck

Owner`s Name as per Regn. Book

Truck

Owned

Or

Attached

`Engine No.

Chasis No.

Model

1

2

3

4

5

6

7

8

9

10

NOTE: Ownership of the trucks will be accepted strictly in line with the name of the Registered Owner as per the RC Books on or before the due date of the tender. Attach the updated copy of the RC books for all the trucks quoted against this tender . Wrong declaration of details observed at any stage will liable for rejection of the truck / tender .

Copies of RC book should be duly attested by Plant / RO or should be Notorised.

Certified that above trucks are not Blacklisted / Plying in any other Oil Company/ PSU.

DETAILS OF AVAILABLE TRUCKS

Particulars of Owned /Attached Trucks ..................Contd.

Sr. No.

Regn. No. Of Truck

Owner`s Name as per Regn. Book

Truck

Owned

Or

Attached

Engine No.

Chasis No.

Model

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Certified that above trucks are not Blacklisted / Plying in any other Oil Company or PSU

APPENDIX IV

STATEMENT OF CREDENTIALS

Tenders should fill in their Technical Offer by way of providing all information asked for. The same should be kept in the envelope B provided and to be submitted, duly sealed along with the other tender documents.

1. A) Name & Address of the contractor

B) Tick applicable Category GENERAL / SC / ST

2. Type of job in which engaged as independent contractor.

3. Maximum value of job the Contractor is capable

of handling per year

(Furnish details of Financial Standing together with Bank references & necessary

Solvency Certificate from any Nationalized Bank)

4. Whether you have qualified /trained/experienced

Staff on your roll to handle this job.

5. No. of years of experience in the field of transportation of

Petroleum product.

6. Details of EMD submitted along with the Tender form

Demand Draft No. _______________ Date _____________________________

Amount : ________________ Drawn on (Bank) _______________

IMPORTANT NOTE

Please ensure that the requisite Demand Draft is attached with the Credential Bid of the Tender Document only. In the absence of EMD the bid shall be rejected .

APPENDIX V

LPG CYLINDERS TRANSPORATION CONTRACT AGREEMENT

MEMORANDUM OF AGREEMENT made at__________________this __________day of_____________________Two Thousand__________by and between ____________________ ___________________________________________carrying on business under the name and style of M/s . ________________________________________________________________

Hereinafter called the "Transporter" which expression shall wherever the context so admits, mean and include his legal heirs, executors and administrators or the present members, or future members of the firm, their representative legal heirs, executors and administrators together with their survivors or survivor and HINDUSTAN PETROLEUM CORPORATION LIMITED, a company incorporated under the Indian Companies' Act 1956 having its Registered Office at 17, Jamshedji Tata Road, Mumbai - 400 020 and the Office of Zonal Head LPG SBU , at Scope Minar North Tower 8th Floor, Laxmi Nagar New Delhi 110 092 hereinafter called the "Corporation" which expression shall wherever the context admits mean and include its successors and assigns of the other part.

WHEREAS the Corporation is desirous of appointing Transporter for its Liquefied Petroleum Gas (LPG) Cylinders and WHEREAS the transporter has agreed to transport in trucks the said Corporation's / Liquefied Petroleum Gas (LPG) Cylinders ex Filling Plant particularly described in the schedule of Rates to various destinations as mentioned in the scheduled rates attached hereto, in consideration of the remuneration and on the terms and conditions hereinafter contained.

NOW, THEREFORE, THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1 VEHICLE FOR TRANSPORTATION

a) The transporter shall transport LPG Cylinders in trucks having valid licenses and owned and / or operated by him.

b) The transporter shall immediately provide the Registration Number, Xerox copy of RC books and all other particulars of ownership in respect of the trucks of the transporter which will be operated for the purpose of the Corporation under this agreement and shall not undertake any change in respect thereof without obtaining prior written consent from the Corporation.

c) The Corporations Filling Plant shall decide the schedule of dispatches, routing of transporter's trucks to various destinations basis priorities and turnarounds. Scheduling of trucks shall be carried out by the Filling Plant in such a manner as to ensure equitable distribution of the transportation business between transporters as per agreed / stipulated norms . The transporter shall not insist upon utilising his truck on certain routes and for specific destinations of his choice only. The transporter shall supply additional trucks when required and for which 24 hours advance notice shall be given to the transporter by the Filling Plant In-charge.

d) (i) Transporters shall ensure that the trucks provided for the transportation of LPG Cylinders shall

conform to the rules regarding transportation of the petroleum products and the provisions of

Petroleum Act, 1976 or any amendment or re-enactment thereof from time to time and the rules

and orders framed thereunder.

Transporter to arrange for public liability insurance as per Public insurance Liability Act, 1991.

Drivers of vehicle should have endorsement on their license regarding authorization to drive hazardous product carrying vehicle under Rule of Central Motor Vehicle Act, 1989.

(ii) Each truck shall carry a portable fire extinguisher preferably 10 kg. DCP type in readily accessible position. The extinguishers shall be properly maintained and shall be in working conditions.

(iii) The exhaust of each truck must be fitted permanently with a proper spark arrestor, which conforms to the design approved by CCOE

(iv) All electrical wirings in the trucks will be armoured and the wiring layout should be as prescribed by C.C.O.E.

e) Only sound trucks which are in efficient working conditions and conforming to the Motor Vehicle Act as applicable from time to time shall be deployed by the transporter for LPG Cylinder transportation. The size of the body of the truck shall be such as to accommodate 300 cylinders of 14.2 Kg. capacity. The side and end flaps of the truck should get locked in an upright position without buckling or slanting.

f) The truck should have caged construction and the facility to lock the truck after loading of cylinders.

2. DELIVERY / CARRIAGE OF GOODS :

a) The transporter shall make arrangements to take delivery of the LPG Cylinders to be transported ex-Bottling plants within 24 hours of telephonic advice, failing which, the Corporation reserves the right to make alternate arrangements for transportation. In such cases, the excess transportation cost, if any, shall be recovered form the transporter.

b) If for any reason a Distributor is unable to accept a load consigned to him, the transporter shall immediately contact the Bottling Plant In-charge concerned and report the matter to him. Under no circumstances shall the transporter return his truck with filled cylinders to the Bottling Plant unless authorized to do so by the Plant In-charge/Plant Officer.

c) When supplies of filled Cylinders are made on the basis of payment at site, it shall be the responsibility of the transporter to collect beforehand the demand draft/cheque from the Distributor, on behalf of the Corporation and then only deliver cylinders to the Distributor. The transporter shall hand over the instrument to the Bottling Plant promptly on the same date. The next load will not be given to the truck unless the Demand Draft/Cheque for the previous trip has been handed over to the Bottling Plant. If the Demand Draft or Cheque is lost by the transporter, it shall be his responsibility to make good the amount to the Corporation promptly failing which, the Corporation reserves the right to recover the amount from the transporters running bills or Bank Guarantee. If any dealer hands over his order and Demand Draft/Cheque for the next load to the transporter or his truck crew, it shall be the responsibility of the transporter to promptly hand over the same to the Bottling Plant In-charge.

d) Cylinders shall be loaded vertically on the trucks, in an upright position, in rows with the valves facing upwards. No Cylinder should project above or beyond the sides or ends of the vehicle.

e) The transporter shall ensure that the LPG cylinders are delivered / returned (empties) at/to the destination/Plant promptly within prescribed trip time as advised by Plant. For delayed deliveries/return of empties exceeding the prescribed trip timings, the Corporation reserves the right to impose a penalty on the transporter at the rate of five percent of the cost of the transportation charges per day or delay and such penalties shall be recovered from the transporter's bills unless satisfactory explanation is given by the transporter for the delay.

f) Depending upon the Corporation's requirements, the transporter shall make two point deliveries in a single trip by any of his trucks contracted to the Corporation without any extra charges.

g) Should the Bottling Plants work for extended hours on regular working days and work on any holidays, the transporter will be informed sufficiently in advance and it shall be his responsibility to provide trucks and labour as scheduled / required by the Corporation's Plant In-charge to clear the planned despatches.

h) The transporter's truck carrying cylinders shall have to occasionally transport boxes of LPG regulators as and when asked for by the Corporation.

Under no circumstances the transporter shall refuse to accept loads consigned to any HPC location / OMC location.

3 OPERATION OF TRUCKS :

a) The transporter shall obtain, at his cost, all necessary route permits for plying the vehicles within the state or on inter-state routes for the transportation of the cylinders. The transporter shall pay the applicable Octroi charges at destinations and the Corporation shall reimburse these amounts to the transporter on production of the payment receipts thereof which shall be submitted alongwith the bills for transportation unless otherwise specified. The existing Toll/Entry/Transit taxes will not be reimbursed. Any escalation/ new taxes/Toll Statutory levies implemented after closing of the tender due date will be reimbursed subject to production of original receipt of payment. Companys decision whether any charge is reimbursable or not would be binding on the transporter.

b) The Corporation does not undertake any responsibility or make any commitment to provide the transporter or his employees, with facilities such as Office accommodation, canteen, tea, toilet, telephone etc.

c) The transporter shall bear and pay the entire operational costs of the trucks for transportation of the product which shall include, inter-alia, the following:

i)Salary and other emoluments for the crew and labour used for loading / unloading of LPG cylinders and other necessary reliefs.

ii) Cost of fuels and lubricating oil required for the operation of the trucks.

iii) Maintenance and repair cost of the trucks.

iv) Licences, permits, road tax etc.

v) Transit insurance

vi) All idling charges, loss or delay in transport, transit road stoppages, delay in time consumed in loading or unloading of cylinders or for any other reasons, whatsoever, on account of operations hereinunder

d)The Corporation undertakes to provide outward/return trip on full load basis. In the case of round trip transportation, transporter shall bring back from the destination empty cylinders equivalent to the number of filled cylinders carried on the forward trip. If the dealer does not deliver empty cylinders equivalent to the number of filled cylinders, transporter shall be paid at the round trip rate for the number of filled cylinders transported. Depending upon requirements, Corporation may also utilise trucks to carry part loads in which case transporter shall be paid for full truck loads.

e)It will be the responsibility of the transporter to ensure that their trucks and the transport operators fully conform to the Gas Cylinder Rules, 1981 and latest amendments if any.

f)Un-authorised parking of transporter's trucks within Corporation/Bottling Plant premises shall not be permitted.

g)The Corporation does not take any responsibility to keep the transporter's trucks, loaded with filled or empty cylinders, in its premises if the trucks arrive at the Bottling Plant beyond the regular working hours and on holidays. It shall be the responsibility of the transporter to keep the filled or empty cylinders under his safe custody, outside the Corporation's working hours. No detention charges shall be payable by the Corporation to the transporter for the detention of his trucks which arrive at the Corporation's Bottling Plant.

h)At all times, the transporter shall indemnify the Corporation from and against all damages, claims, suits and other like events arising from and in connection with injury to any person or property, short deliveries of the product or otherwise howsoever in connection with matters connected with this agreement.

4 LOSS / DAMAGE OF CYLINDERS :

a) It shall be the responsibility of the transporter to ensure that the cylinders handed over for transportation are complete with all fittings etc. and without any damages at the time he accepts the load from the Bottling Plant as well as from the Distributors end. The cost of fittings, parts and accessories found missing / damaged at time of delivery of cylinders both at Bottling Plant and at Distributor's end will be recovered from the transporter's bills. It shall be the responsibility of the transporter to secure necessary endorsement on documents both from the Corporation's Bottling Plant and the Distributors at the destination about fittings, fixtures etc. if found missing at the time of accepting loads.

It is specifically agreed between the Corporation and the transporter, that in the case of losses arising thereby, the material viz. LPG cylinders and / or the parts and the accessories of LPG cylinders lost or damaged under the transportation of the said material, the transporter shall pay liquidated damages being the applicable rate of the Equipment Tariff in force on the day of loss or damage caused to the said materials.

Transporter shall check all empty cylinders before loading in their trucks at Dealers premises, shall not accept / deliver OMC cylinder (LPG Cylinder belonging to Other Marketing Company) to the plant. In case, such cylinder is delivered, the same shall be retained at the plant and Rs. 900/- per cylinder will be debited.

The following is the Equipment Tariff which is currently applicable:

Sr. No. ITEM DESCRIPTION TARIFF (Rs.)

(i) LPG Cylinder of 14.2 Kg. with valve (Self Closing) & security cap. 1,800/-

LPG Cylinder of 19 Kg. with valve (self closing) & security cap. 2,500/-

- LPG Cylinder of 47.5 Kg/50 Kg. with valve

(self closing) and security cap. 2,500/-

(ii) - LPG cylinder valve. 100/-

(iii) - Security Cap with wire spring and nylon cord for new

self closing valves (material ABS or equivalent) 2/-

(iv) - Click on type pressure regulator

(for self closing valves) 250/-

(v) - OMC Cylinders 900/-

(vi) - LPG product: Ruling rate applicable for

Non-Essential Customers

The aforesaid amount will be recoverable as a liquidated damage for the loss or damage to cylinders and/ or other equipment and the transporter will have to pay the same within 30 days from the demand made by the Corporation. Provided, however, the Corporation shall, in addition to any other right, have right to recover the aforesaid liquidated damage from the transporter out of any pending bill of the transporter with the Corporation.

As and when the Equipment Tariff is amended or changed during the subsistence of this contract, the transporter will be informed in writing about the rates applicable on account of such amendments or modifications of the equipment tariffs. Failure to notify such amendments or notifications, by the corporation will not be a ground to violate any terms, conditions of this contract and will not absolve the transporter from their liability to compensate the corporation at the higher cost.

b)Transporter shall be solely responsible for the safe custody of the cylinders and product, once these are handed over to him.

c) Nylon security caps fitted to the filled cylinders with seals shall be delivered at the destination without any tampering or damage to the seals. Cost of Nylon security caps short delivered shall be recovered from the transporter.

d) For any shortages of cylinders and LPG, while in the custody of the Transporter during transportation, following will be recovered from the transporter bills - Rs.1800/- & Rs.2500/- for 14.2 Kg. & 19.0 Kg. Cylinders respectively, in case of filled Cylinders cost of Gas at prevailing ND rates will be recovered additionally in both the cases.

For loss/shortage of regulator an amount of Rs. 250/- per regulator shall be recovered from the transporter.

e)The transporter will make good to the Corporation any losses arising from:

(i)Confiscation by Government or Local Authorities of any quantities of the said products delivered to the transporter for transportation.

(ii)Loading / unloading or in transit for reasons other than the natural calamities such as earthquake, cyclone, floods and lighting riots or civil commotion.

The liability of providing that any loss or damage caused by any accident or fire resulting from the natural calamities as above, will be solely upon the transporter. The Corporation will also be entitled to compute the amount of loss suffered by the Corporation and entitled to be reimbursed from the transporter under these provision and the decision and termination by the Corporation or it authorized representative as to reasons for such loss or as to the existence of any acts or events such as riots, civil commotion or natural calamities as prescribed above shall be final and binding on the transporter and shall not be questioned in any Court or Court of Law or Arbitration or otherwise and the transporter to hereby authorise the Corporation to set off and adjust such loss and damage against the amount of security deposit paid by the transporter to the Corporation and pending bill of the transporter and in the event of shortfall therein, and the transporter shall immediately upon a certificate issued by the Corporation, pay the same to the Corporation without demur or objection.

It shall be the responsibility of the transporter to ensure that the cylinders of Other Marketing Oil Companies are not mixed up while accepting filled cylinders from the Plant.

5 UTILISATION OF TRUCKS

a)The Corporation does not guarantee minimum mileage for each truck per month nor do they guarantee the minimum number of trucks that will be utilised per month and no liability whatsoever shall be attached to the Corporation on account thereof.

b)The Bottling Plant shall decide the schedule of dispatches. Scheduling of trucks shall be carried out by the Bottling Plant in such a manner as to ensure equitable distribution of the transportation business between transporters as per agreed / stipulated norms.

c)The transporter shall agree to operate all trucks for all stations awarded to him / them as and when required by the Corporation.

d)In case the transporter withdraws a truck, it shall be necessary for him to seek advice of the Corporation well in advance and also make alternate arrangements to maintain the continuity or work.

6.LOADING / UNLOADING / HANDLING OF CYLINDERS:

a)The Corporation shall deliver the LPG Cylinders to the transporter at the loading / storage point. Loading / unloading of cylinders both at the plant as well as inside the godown of dealers shall be done by the transporter. Stacking / destacking of LPG Cylinders at destination / dealer's premises shall be done by transporter.

b)Loading / unloading of cylinders to and from the trucks shall be done at any place within the plant premises as nominated by the Corporation's Bottling Plant In-charge.

c)The loading / unloading of cylinders and stacking thereof inside the truck shall be handled carefully and safely by the transporter. If careless or rough handling by transporter's labour is established, the Corporation shall be free to recover the cost of damages / loss from the transporter.

7.TRANSSHIPMENT:

The transporter shall undertake the movement of the product entrusted to him by the Corporation without transshipping. However, if the transshipment is inevitable, the transporter shall advise the Corporation beforehand and also ensure that adequate care and precaution is taken to ensure the safe handling of the product. No additional charges will be paid by the Corporation for transshipment.

8.SECURITY DEPOSIT / BANK GUARANTEE :

Upon commencement of the agreement, the transporter shall furnish the Corporation a Bank Guarantee of Rs. 20,000 /- per truck subject to a maximum of Rs. One Lakh per contract for a initial period of 2 years which includes, inter alia, the full period of contract. Once the contract is extended for a period of one year after successful completion of the original period of two years, the transporter should extend the validity of bank guarantee for a further period of one year which includes the option period and additional six months. It shall be lawful for the Corporation to adjust the Bank Guarantee amount against all pending or future dues and also to appropriate the entire deposit or any part thereof against losses, damages, cost charges or expenses arising out of the transporters failure or negligence to observe any terms and conditions of this Contract. This is without prejudice to other remedies available to the Corporation.

9. SUBLETTING:

The transporter shall not sublet any work entrusted to him except with the written consent of the corporation.

10. REMUNERATION / PAYMENT OF BILLS:

a) Rate payable to the transporter shall be mentioned in the schedule of rates attached hereto.

b) The transporter shall submit the bills, alongwith the transport charges copy of the Transshipment Order and Advice form / Invoice duly certified by the consignee for safe receipt of product, within 15 days from the date of delivery of the consignment. The bills shall be sent to the concerned paying office of the corporation (which will be advised at the time of award of contract). The payment terms of the corporation are - payment within 30 days from the date of receipt of bills.

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

A penalty of Rs. 300/- per transaction shall be levied for each one of the following lapses on the part of the transporter:

i) Duplicate billing for the same transaction.

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

d)Bills received after three months from the date of delivery will not be entertained by the Corporation unless satisfactory explanation is given by the transporter for the delay.

e)Details of bills pending payment for more than two months should be advised to the corporation on a monthly basis and the corporation shall endeavor to settle them at the earliest.

f) The corporation may in its sole discretion waive the above penalties / lapses if the transporter tenders satisfactory explanation for the lapses in question.

11. PERFORMANCE OF THE CONTRACT:

(i) If at any time, during the currency of this agreement, the contractor fails to transport the product as provided hereinabove and / or fails to perform the various other obligations specified in this agreement, the corporation may in its discretion and without prejudice to its other rights and remedies obtain services from other transporters to perform the obligations and transport the product and the transporter undertakes to reimburse the Corporation, all the additional expenses incurred by the corporation in this connection.

(ii) The Corporation shall provide the transporter with transport work hereunder as and when it considers necessary and shall not be bound to give or entrust all the transport work to the transporter or be bound by the estimated thru put shown in Schedule of Rates.

(iii) Nothing herein contained shall prevent the Corporation from engaging any other transporters to carry out transportation work similar to the work entrusted to the transporters. The Corporation reserves the right to appoint two or more transporters as it deems necessary towards achievement of efficient, timely and effective supplies.

12. DETENTION CHARGES :

No detention charges shall be payable by the Corporation to the transporter. However, all efforts will be made by the Corporation to avoid delays.

13 TRANSPORTER'S EMPLOYEES:

a) The transporter shall engage only the labourers registered with the Goods Transport Labour Board as applicable for that particular State/their own personnel for loading / unloading operation at both the filling plant and distributor's premises and stacking / destacking in the Distributor's premises / godown. Persons so employed by the transporter shall not be deemed to be in employment of HINDUSTAN PETROLEUM CORPORAITON LIMITED and the supervision and control of such employees shall rest always with the transporter only.

b) The transporter shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government as 'protected places' which shall include all the Bottling Plants and refineries. The transporter fully undertakes to strictly abide by the Defence of India Act and Rules.

c) If, however, any claim is made by any employees of the transporter against the Corporation for wages, compensation or any sum of dues, the transporter agrees to indemnify the Corporation of all such claims and to pay all the expenses which the Corporation may incur in defending any proceedings pursuant to such claims.

d) Unauthorised driving of the transporter's trucks by his men, who do not possess valid heavy vehicle driving licenses within or outside the Corporation's premises while handling transportation for the Corporation shall not be permitted.

e) The transporter and his men shall abide by the rules and regulations of the Corporation and Distributors when they are within the Corporation's Bottling Plant premises and Distributor's premises. All safety precautions as per the Corporation's rules should be observed by the transporter and his staff / men so long as they are within the Corporation's Bottling Plant premises.

f) The transporter shall be responsible for and shall pay any compensation to their employees payable under the Workmen's Compensation Act 1923 and 1933 and the amendments there to for the injuries caused to the workmen. The transporter shall be responsible for and pay the expenses for providing medical treatment to any employees who may suffer any bodily injury as a result of any accident. In every case, in which by virtue of the provisions of Section 12 subsection 1 of Workmen's Compensation Act, 1923, the Corporation is obliged to pay compensation to workmen employed by the transporter in execution of the works, and without prejudice to the rights of the Corporation under Section 12 Sub section 2 of the said Act, the Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due from the Corporation to the transporter whether under this contract or otherwise. The Corporation shall not be bound to contest any claim made against it under Section 12, Sub-section 1 of the said Act except on the written request of the transporter and upon his giving to the Corporation full security for all costs for which the Corporation might become liable in consequence of contesting such claims.

g) The transporter shall be liable for all payments to his staff employed for the performance or carrying out of the said work and in respect of all claims and liabilities of the transporter's business and the Corporation shall in no event be liable or responsible for any payment and the transporter shall keep the Corporation indemnified against the same and from all proceedings in respect thereof.

h) The transporter shall duly introduce the Provident Fund Scheme to the staff employed by him, if so required by law, as envisaged by the provisions of Employee's Provident Fund Act.

i) The transporter shall duly introduce the contributory scheme for the employees under him, if so required by law, as envisaged by the provisions of State Insurance Act, 1946.

j) The transporter shall observe and implement all the laws of the land and the rules frames there under which are beneficial to the staff employed by him and that the Corporation shall, in no event be liable or responsible for any default that will arise out of non-observance of such law/s, rules on the part of the transporter and that the transporter shall indemnify and keep indemnified the Corporation against the same and from all proceedings in respect thereof.

k) The transporter agrees to abide by the Motor Vehicles Act, Payment of Wages Act and other Labour Regulations in force in the area where he is plying the trucks.

l) The transporter shall indemnify and keep indemnified the Corporation from any claims made under the Workmens Compensation Act of 1923, Employees State Insurance Act, Employees Provident Fund Act and/or other Laws in force by the transporters employees including the driver, cleaner, labour or any other person in connection with the transportation of the product.

m) All the truck drivers have to be provided with mobile telephones The mobile number and truck number details shall be kept at the Plant / RO at the time of signing the agreement for the trucks . This is important for the safety of your vehicle and the crew and also shall facilitate in chasing the truck crew in case of emergency .

14 . DAMAGES TO CORPORATIONS PROPERTY/EMPLOYEE :

The transporter shall remain at all times, liable to the Corporation, for any loss or damage caused to any building, plant, machinery or property of the Corporation due to carelessness, negligence, inexperience or default of the transporter, his/their agents, representatives or employees. The Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be entitled to deduct from the amounts payable hereunder to the transporter, the cost of the repair or the amount of loss or damage.

The transporter will be liable for any loss, any injury to Corporations employees due to careless, negligent, inexperienced act or default to the transporter, his/their agents, representatives of employees.

The transporter shall not engage any child or bonded labour for handling his work in connection with this contract or contravene any of the Government Rules & Regulations in this regard. If any filled cylinder loaded in a truck of the transporter develops leak enroute, he or his crew shall contact the Bottling Plant In-charge immediately and take appropriate precautions, corrective actions as directed by the Plant In-charge.

15. INSURANCE :

a) It is clearly understood that Transit insurance coverage if any, shall 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 reimburse the transporter for the same.

b) The transporter shall ensure that the trucks used for the transportation of the product under this agreement are covered by comprehensive insurance policy. Under no circumstances shall the Corporation be liable to compensate them for any loss or damage that may be caused to the trucks while engaged in the work under this agreement.

16. SUSPENSION OF TRUCKS :

The Corporation reserves the right to suspend the trucks which are suspected to be indulging in any sort of malpractice's or any other acts not conducive to the interest of the Corporation such as misbehavior, dishonesty, disobedience, pilferage etc. Such trucks shall be suspended from the business without giving any reasons and in all such cases no compensation will be paid to the transporter.

17. SPURIOUS / DEFECTIVE CYLINDERS :

It shall be the responsibility of the transporter to ensure no spurious/ OMC cylinders are inducted in our distribution system in the course of transportation of cylinders. Transporter is expected to identify spurious / OMC cylinders while receiving empties from the Distributors and in case of doubt about any cylinders, they should note down the serial number of the cylinder duly certified by the Distributor.

Final identification will be done by the plant concerned, failing observance of the above procedure, recoveries will be made from the transporter for the spurious cylinders at the rate of Rs. 1,800/ per 14.2 kg cylinder, Rs. 2,500 /- per 19 kg cylinder and Rs.2,500/- per 47.5/50 Kg. cylinder. For receipt of OMC cylinder recovery shall be made @ Rs. 900/- per cylinder. In all such cases, the decision of the Corporation will be final and binding on the transporter. Hence, such detection or delivery of spurious /OMC cylinders by the transporter will be dealt severely, which may include even termination of contract and/or appropriate penalties to be levied as determined by the Corporation. In such cases, the decision of the Corporation will be final and binding on the transporter.

Notwithstanding anything contained in this clause the Corporation shall have the right to deshape and scrap/ dispose off the spurious/ OMC cylinder and pressure regulators at the sole discretion of the Corporation after giving seven days notice to the transporter and the transporter shall have no right to question the said act of the Corporation.

It shall be the responsibility of the transporter to ensure that the cylinders of other marketing Oil Companies, are not mixed up while accepting filled cylinders from plant and empty cylinders from distributors. Delivery of OMC cylinders will be penalised as per the rates specified above. The identification of OMC cylinders shall be ensured on the basis of markings on the stay plates, foot rings, colour code, etc. of the cylinders, which is only directional.

18.PERIOD OF CONTRACT :

The contract shall be for a period of TWO Years effective ________________with renewal option of one year at the sole discretion of the Corporation . The transporter will not have any objection for the same . However the Corporation reserves the right to terminate the contract at any time before expiry of the period of contract by giving the transporter one months advance notice in writing without assigning any reasons whatsoever.

The Corporation in its absolute discretion and without prejudice to 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 the transporter being a firm, any member of the transporters firm is adjudicated insolvent or enters into any arrangement or compromise with the creditors or if execution or other process is levied or if the road permit issued by the transport authorities to the transporter are canceled or revoked.

19 RATE ESCALATION/ DE-ESCALATION :

The corporation will consider an appropriate increase/decrease in the schedule of Rates during the contractual period in the event of increase/ decrease in prices only of HSD/Lubes/Tyres, resulting from increase/decrease after the due date of opening of unpriced bids.

The escalation/ de-escalation shall be calculated on the basis of:

a)Number of cylinders per truck load :300

b)Average consumption of HSD

:4 Kms/Litre

c)Average consumption of Lubes

:500 Kms/Litre

d)For tyres, the average list prices of the following make will be considered :

CEAT, MRF, DULNLOP, MODISTONE & GOOD YEAR

Escalation/ de-escalation shall be calculated on the basis of 12 replacement nylon tyres complete with tubes and flaps as required for running a total distance of 1,00,000 Kms. Rate escalation/de-escalation for tyres, if any, shall be reviewed/ conceded once only on 1st April, every year. It shall be the responsibility of the transporter to provide documentary evidence in support of tyre prices announced by the manufacturer as listed above.

e)Fuel & Lube Cost :

i.)Escalation/ de-escalation should be applied when change in HSD retail selling rate is minimum five Paise / ltr. at a time. If the fluctuation in the HSD Retail Selling Rate is lower than five Paise / ltr. escalation/de-escalation should be applied when cumulative total of such fluctuations becomes five Paise/ltr. in terms of either increase or decrease.

ii)Escalation / de- escalation to be applied when the extent of change in lubes retail selling rate is minimum 10% at the time. If the fluctuation in the Lubes Retail selling rate is lower than 10% escalation/de- escalation should be applied when cumulative impact of such fluctuations becomes 10% in terms of either increase or decrease

20.ARBITRATION:

20.1 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 or 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 and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

20.2 The appointing authority shall either himself act as Sole Arbitrator or nominate some officer or retired officer of Hindustan Petroleum Corporation Ltd. (referred to as owner or HPCL) or retired officer of Oil PSUs or retired Senior Central Govt. Officer to act as 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 officer of the owner as the Sole Arbitrator on the ground that the said officer is/was an officer and/or shareholder of the owner or that he/she has to deal or dealt with the matter to which the contract relates or that in the course of his/her duties as an officer of the owner, he/she has/had expressed views on all or any of the matters in dispute or difference.

20.3In the event of the Arbitrator to whom the mater is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reason whatsoever, the Appointing Authority aforesaid, shall nominate another officer or retired officer of the Owner or retired officer of Oil PSUs or retired Senior Central Govt. Officer to act as Arbitrator

20.4Such Officer nominated as 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 an officer or retired officer of the Owner or retired officer of Oil PSUs or retired Senior Central Govt. Officer nominated by the Appointing Authority shall act as an Arbitrator.

20.5The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.

20.6The 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.

20.7The 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.

20.8The 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 Award of the Sole Arbitrator shall be final and binding on both the parties.

20.9Subject 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.

20.10The Contract shall be governed by and construed according to the laws in force in India. The Arbitration shall be held at DELHI and conducted in English language.

20.11The appointing Authority is the Functional Director of Hindustan Petroleum Corporation Ltd.

IN WITNESS WHEREOF the parties have executed these presents on the day, month and year hereinabove mentioned.

Signed and delivered by the Signed and Delivered by the

within named Transporter Duly constituted Attorney

HINDUSTAN PETROLEUM CORPN. LTD.

In the presence of

In the presence of

APPENDIX V (A)

INTEGRITY PACT AGREEMENT

No. _________ Dated: _____________________

To,

HINDUSTAN PETROLEUM CORPORATION LIMITED

Sub: Purchase of Bidding Documents

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 180 days from the last date for the receipt of tenders stated in the NIT AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.

They confirm acceptance and compliance with the Integrity Pact in letter and spirit. They further agree that the contract consisting of the above conditions of NIT as the offer and the submission of Bid as the Acceptance shall be separate and distinct from the contract which will come into existence when bid is finally accepted by HPCL.

The consideration for this separate initial contract preceding the main contract is that HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid to be made except on the condition that the bid shall be kept open for 180 days from opening of the priced bid days after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on this condition and after entering into this separate initial contract with HPCL.

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

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

(Signature & Seal Of Bidder)

(Hindustan Petroleum Corpn. Ltd)

APPENDIX V (B)

(This agreement has to be mandatorily signed by the bidder )

(To be executed on plain paper and applicable for all tenders of value above Rs.1 crore)

INTEGRITY PACT

Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as The Principal,

and

. hereinafter referred to as The Bidder/Contractor

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for The Principle values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidders/s and Contractor/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation Transparency International (TI). Following TIs 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

(A ) 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.

(B) 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 Principals employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

3. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

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

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

(1)If the Bidder/Contractor has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

2)A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonables doubt is possible.

(3)The Bidder accepts and undertakes to respect and uphold the Principals absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4)If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 Compensation for Damages

(1)If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2)If the Principal has terminated the contract according to Section 3, or if the Principle is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

(3)The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 Previous Transgression

(1)The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2)If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 Equal treatment of all Bidders / Contractors / Subcontractors

(1)The Bidder / Contractor undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

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

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

Section 7 Criminal charges against violating Bidders/Contractors/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 External Independent Monitor / Monitors (three in number depending on the size of the contract)

(to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractors accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder / contractor to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to Outside Expert Committee members / Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not,