TENDER NO: 11000131-HD-10002 Dated: 14/10/2011. - …tenders.hpcl.co.in/tenders/tender_prog/TenderFiles/4895/Tender... · TENDER NO: 11000131-HD-10002 Dated: 14/10/2011. ... 5.4 System

HINDUSTAN PETROLEUM CORPORATION LIMITED (A GOVERNMENT OF INDIA ENTERPRISE)

GRESHAM HOUSE (2ND FLOOR), SIR P. M. ROAD, FORT,

MUMBAI - 400001.

TENDER NO: 11000131-HD-10002

Dated: 14/10/2011.

NOTICE INVITING TENDER

FOR

HPCL – PIPESENS

(OPTICAL FIBER BASED THIRD-PARTY INTRUSION DETECTION SYSTEM)

BID DUE DATE & TIME: 1500 Hrs. IST on November 24, 2011

OPENING OF UN-PRICED BIDS: 1530 Hrs. IST on November 24, 2011

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Contents 1. Introduction ........................................................................................................................................ 7

2. Statement of Purpose ......................................................................................................................... 7

3. Existing Communication Set-up .......................................................................................................... 8

3.1 Existing Pipeline Details ............................................................................................................ 8

3.1.1 Soil Condition ......................................................................................................................... 8

3.2 Transmission System Configuration .......................................................................................... 8

3.3 Existing OFC Cable Details ......................................................................................................... 9

3.4 Interfacing of HPCL-PIPESENS with Existing Transmission Network ........................................ 9

4. System Objectives ............................................................................................................................. 10

5. Scope of Work ................................................................................................................................... 11

5.1 Supply, Installation & Commissioning of HPCL-PIPESENS ........................................................... 11

5.1.1 Testing .................................................................................................................................. 11

5.2 System Integration ...................................................................................................................... 12

5.3 System Maintenance .................................................................................................................. 12

5.4 System Training ........................................................................................................................... 12

5.5 User manual ................................................................................................................................ 12

5.6 Documentation ........................................................................................................................... 12

5.7 Additional Services ...................................................................................................................... 12

5.7 Exclusions from Scope of Services .............................................................................................. 13

6. SYSTEM DESCRIPTION ....................................................................................................................... 14

6.1 SYSTEM PERFORMANCE.............................................................................................................. 14

6.1.1 Detection Principles ............................................................................................................. 14

6.1.2 Probability of Detection ....................................................................................................... 14

6.1.3 Time to Detection ................................................................................................................ 14

6.1.4 Accuracy of Intrusion Location............................................................................................. 15

6.1.5 False Alarms ......................................................................................................................... 15

6.1.6 Nuisance Alarms................................................................................................................... 15

6.2 Functional Specifications ............................................................................................................ 15

6.3 Technical Specifications .............................................................................................................. 16

6.3.1 Monitoring Technology ........................................................................................................ 16

6.3.2 Central Controller................................................................................................................. 17

6.3.3 Data Storage and Communications Software ...................................................................... 17

6.3.4 Software Interface ............................................................................................................... 18

6.3.5 Indicative System Architecture ............................................................................................ 20

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7. INSTRUCTIONS TO THE BIDDERS ....................................................................................................... 21

7.1 Prequalification (Bid Qualification) criteria ................................................................................ 21

7.1.1 Consortium ........................................................................................................................... 21

7.2 Special Instructions for International Bidders ............................................................................ 23

7.2.1 Prequalification Criteria ....................................................................................................... 23

7.2.2 Commercial Proposal Format .............................................................................................. 23

7.2.3 Format of EMD BG, CPBG & CAMC BG ................................................................................ 24

7.2.4 Commercial Bid Evaluation .................................................................................................. 24

7.2.5 Prices .................................................................................................................................... 24

7.2.6 Payment ............................................................................................................................... 24

8. Bid submittal ..................................................................................................................................... 26

8.1 General Instructions .................................................................................................................... 26

8.2 Proposal format & contents ........................................................................................................ 27

8.3 Two Bid System ........................................................................................................................... 29

8.4 Schedule of Tender/Project Events ............................................................................................. 31

8.5 Validity ........................................................................................................................................ 32

8.6 Earnest Money Deposit (EMD).................................................................................................... 32

8.7 Acceptance / Rejection of bid – part or full ................................................................................ 32

8.8 Pre-Bid Meeting .......................................................................................................................... 32

8.9 Bidder’s Commitment ................................................................................................................. 33

8.10 Integrity Pact ............................................................................................................................. 33

8.11 Arbitration clause for Indian Bidders ........................................................................................ 33

8.12 Arbitration clause for Foreign Bidders ...................................................................................... 35

8.13 Contact Details .......................................................................................................................... 36

9. Bid Evaluation ................................................................................................................................... 36

10. Standard Contract Terms ................................................................................................................ 38

10.1 Composite Performance Bank Guarantee (CPBG) .................................................................... 38

10.2 Completion Schedule ................................................................................................................ 38

10.3 Defect Liability Period / Warranty Period ................................................................................. 38

10.4 Delay in Completion: Liquidated Damages ............................................................................... 39

10.5 Risk Purchase ............................................................................................................................ 39

10.6 Third Party Inspection [TPI]....................................................................................................... 39

10.7 Payment Terms ......................................................................................................................... 40

10.8 Mode of Payment ..................................................................................................................... 40

10.9 Post-Warranty Comprehensive Annual Maintenance Contract (CAMC) .................................. 41

10.10 Bank Guarantee for CAMC ...................................................................................................... 41

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10.11 General .................................................................................................................................... 42

11. GENERAL PURCHAsE CONDITIONS .................................................................................................. 44

12. SPECIAL CONDITIONS OF PURCHAsE .............................................................................................. 70

Annexure I - Schedule of Quantities ..................................................................................................... 82

Annexure II - PRICED BID FORMAT – INDIAN BIDDERS ......................................................................... 84

ANNEXURE III - PRICED BID FORMAT – FOREIGN BIDDERS .................................................................. 86

ANNEXURE IV - unPRICED BID FORMAT – INDIAN BIDDERS ................................................................. 88

ANNEXURE V- unPRICED BID FORMAT – FOREIGN BIDDERS ................................................................ 90

Annexure VI - Technical Evaluation Criteria .......................................................................................... 92

Annexure VII - POC Test Cases & eVALUATION cRITERIA ..................................................................... 93

ANNEXURE VIII - FORMAT FOR DRAFT BANK GUARANTEE IN LIEU OF BID SECURITY (EMD) .............. 95

ANNEXURE ix - FORMAT DRAFT COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/PERFORMANCE GUARANTEE ................................................................................................. 97

annexure x - AGREED TERMS & CONDITIONS ....................................................................................... 99

ANNEXURE XI - MANUFACTURER’S AUTHORIZATION FORM ............................................................. 104

ANNEXURE XII – Format for Bidder Information Sheet& Undertaking ............................................... 105

ANNEXURE XIII –CUT-OUT SLIP ........................................................................................................... 107

ANNEXURE XIv –INTEGRITY PACT ....................................................................................................... 111

ANNEXURE Xv – DEVIATION SHEET ..................................................................................................... 118

ANNEXURE XvI –DECLARATION SHEET ............................................................................................... 119

NOTE: BIDDERS ARE REQUESTED TO SIGN AND STAMP ALL THE PAGES OF

TENDER DOCUMENT & SEND THE SAME BACK IN THEIR OFFER AS A TOKEN

OF UNCONDITIONAL ACCEPTANCE OF TENDER TERMS.

THE DEVIATIONS, IF ANY, SHOULD BE MENTIONED SEPARATELY ON

BIDDER’S LETTER HEAD IN UNPRICED BID. THE DEVIATIONS MENTIONED

ANYWHERE ELSE SHALL NOT BE CONSIDERED. IN ABSENCE OF DEVIATION

SHEET IT WOULD BE CONCLUDED THAT BIDDER HAS ACCEPTED THE

TENDER TERMS WITHOUT ANY DEVIATIONS. CORRECTIONS IN TENDER

DOCUMENT WILL NOT BE ACCEPTED.

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TENDER NOTICE HINDUSTAN PETROLEUM CORPORATION LIMITED

GLOBAL NOTICE FOR INVITATION FOR BIDS FOR

PIPESENS OPTICAL FIBER BASED THIRD-PARTY INTRUSION DETECTION SYSTEM

Tender No:- 11000131-HD-10002

Hindustan Petroleum Corporation Limited (HPCL) invites sealed bids under single stage, two bid system under International Competitive Bidding for Design. Engineering, procurement, Supply, Installation, Testing, Integration, Commissioning and warranty & post-warranty support services of PIPESENS (OPTICAL FIBER BASED THIRD-PARTY INTRUSION DETECTION SYSTEM) along the 73-km MOV4-Talegaon-Loni Section on its existing Mumbai-Pune-Solapur pipeline (MPSPL) as per details given in the bid document.

Bid Security (EMD): Rs. 6,00,000/- (USD 12198) Date, Time & Venue for Voluntary Pre-bid Meeting: November 3, 2011; 10:00 HRS (IST) at HPCL,

Gresham Assurance Building, 2nd Floor, Sir P.M. Road, Fort, Mumbai – 400001

Bid Due Date, Time & Place of Submission: Upto 15:00 HRS (IST) on November 24, 2011

at the office of the Chief Manager, Procurement, HPCL, Gresham Assurance Building, 2

nd Floor, Sir P.M. Road, Fort,

Mumbai – 400001

Detailed IFB along with Pre-qualification Criteria, Bid Document and Pre-bid Meeting Minutes & Corrigenda can be viewed and downloaded from HPCL’s website : http://www.hindustanpetroleum.com

Chief Manager – Procurement HPCL, Mumbai Fax: 0091-22-2264 2352, Tel: 0091–22–22608520/30

http://www.hindustanpetroleum.com/

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ABBREVIATIONS

ANSI American National Standards Institute API American Petroleum Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATEX Atmosphere Explosible BASEEFA British Approval Service for Electrical Equipment for

Flammable Atmosphere BEDD Basic Engineering Design Data CENELEC European Committee for Electrotechnical Standardization CPM Computational Pipeline Monitoring DT Despatch Terminal EEIC Energy Industries Council EIA Environmental Impact Assessment FAT Factory Acceptance Test GPS Global Positioning System GUI Graphical User Interface HCA High consequence area. HPCL Hindustan Petroleum Corporation Ltd. HMI Human, Machine Interface HWC Hard Wired Cable I FAT Integrated Factory Acceptance Test IP Ingress Protection

ISA Instrument Systems and Automation Society

ISO International Standards Organization [International Organization for Standardization] (org.) LPG Liquefied Petroleum Gas

MOP maximum operating pressure

MOV Motor Operated Valves

NIST National Institute of Standards and Tolerances

PESO Petroleum Explosive Safety Organisation (Formerly known as CCOE)

PIM Pipeline Integrity Management

POD Probability of Detection

POI Probability of Identification

POC Proof of concept

PSU Power Supply Unit

QMS Quality Measurement System

RAS Risk Assessment Study

RP Recommended Practices

RT Remote Terminal

RTU Remote Terminal Unit

SAT Site Acceptance Test

SCADA Supervisory Control and data Acquisition

SIT System Integrated Test

TPI Detection Third-Party Intrusion Detection

SV Sectionalizing Valve

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1. INTRODUCTION

Hindustan Petroleum Corporation Ltd. (HPCL), is a Government of India enterprise with Navratna status and a Fortune 500 company, with an annual turnover of Rs. 1,32,670 crores and sales/income from operations of Rs. 1,43,396 crores (US$ 31,546 Millions) during FY 2010-11, having about 20% marketing share in India, among PSUs and a strong market infrastructure. HPCL operates 2 major refineries producing a wide variety of petroleum fuels & specialties, one in Mumbai (West Coast) of 6.5 Million Metric Tonnes Per Annum (MMTPA) capacity and the other in Vishakapatnam, (East Coast) with a capacity of 8.3 MMTPA. HPCL holds an equity stake of 16.95% in Mangalore Refinery & Petrochemicals Limited, a state-of-the-art refinery at Mangalore with a capacity of 9 MMTPA. In addition, HPCL is constructing a refinery at Bhatinda, in the state of Punjab, as a joint venture with Mittal Energy Investments Pvt Ltd. HPCL also owns and operates the largest Lube Refinery in the country producing Lube Base Oils of international standards, with a capacity of 335 TMT. This Lube Refinery accounts for over 40% of the India's total Lube Base Oil production. The supply and distribution infrastructure of HPCL has been continuously strengthened over the years which comprises of HPCL's MPSPL (Mumbai-Pune-Solapur Pipeline), VVSPL (Visakh-Vijayawada-Secundarabad Pipeline) and MDPL (Mundra-Delhi Pipeline).

2. STATEMENT OF PURPOSE HPCL intends to install an optical fiber based pipeline Intrusion Detection System, termed HPCL-PIPESENS, for monitoring the third-party intrusion along the 73km stretch in MOV4-Loni-Talegaon Section in MPSPL. HPCL-PIPESENS shall provide the alarms in the form of GUI representation for various intrusions due to man walking, man running, vehicle crossing, manual excavation and mechanical excavation. HPCL-PIPESENS shall have suitable library building features for addition of signatures. The success of the technology behind OF based Intrusion Detection Systems in recognition & location of conditions of concern along the pipeline is yet to be demonstrated in India. HPCL has, therefore, decided to implement the system along the 73 km stretch only after the successful demonstration of the system (Proof of Concept) in a real-time & real-life environment. The result of the system’s performance against the test criteria attached as Annexure VII shall be used as a

Test/Fail condition for the bidder. The PoC shall be asked from the companies who are technically qualified. The commercial evaluation shall be done for implementation of the complete system amongst the technically qualified bidders. The Technical Evaluation Criteria shall be as per Annexure VI. The technically qualified bidders shall be invited for conducting the pilot/test run. Upon successful completion of the demonstration as per the test criteria, the bidders shall be qualified for commercial evaluation.

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3. EXISTING COMMUNICATION SET-UP

3.1 Existing Pipeline Details The length of this pipeline in Trombay - Pune/Loni section is approximately 162.2 Km having total five pumping/boosting/receiving stations namely Trombay, Vashi, Khopoli, Talegaon, Loni along with five intermediate telecom stations namely MOV-1, MOV-2, MOV-3, MOV-4, and MOV-6 along the pipeline route. The pipeline is laid at an average depth of 1 m below ground and passes through tough terrain i.e. rocky, marshy area, creeks, rivers, highways, populated city areas. The length of pipeline in Pune/Loni - Pakni section is approximately 342.69 Km having total two pumping/boosting/receiving stations namely Hazarwadi and Pakni along with nine intermediate stations namely Khalad (SV-1), Tharadgaon (SV-2), Vardhangad (SV-3), Pulshi (SV-4), Alsundh (SV-5), Sawlaj (SV-6), Hatid (SV-7), Wadegaon (SV-8), Ambe Chnincholi (SV-9) along the pipeline route.

3.1.1 Soil Condition HPCL-PIPESENS shall be implemented along the 73 km long MOV4-Talegaon(23KM)-Loni(50KM) section of the MPS Pipeline. The average soil resistivity along the section can be classified as highly aggressive (10-25 ohm m). The general sub-soil profile indicates soils such as Gravelly Clay, Sandy Gravel, Silty Clay underlain by weathered rock at shallow depths of 0.5-1.0 m. The region may be geologically classified as Deccan Traps, made up principally of basic volcanic rocks of basaltic composition. The section passes through Indrayani river with a total stretch of 700 meters. The telecommunication system consists of SDH & PDH based transmission system which will provide facilities such as Voice, Data, CCTV and Video conference communication among the various pumping/boosting/receiving and intermediate stations of the pipeline. The Telecommunication system will comprise of following main systems/sub-systems:

WRI STM-1 & STM-4 SDH and Nokia PDH optical fiber based digital transmission system

Network Management Systems (SDH & PDH)

Alcatel-Lucent EPABX System with Network Management System

Aethra Video Conference system

CCTV system - Axis & Pelco Cameras and Milestone NVMS

Primary & Secondary reference clocks (non-duplicated Cesium & GPS)

3.2 Transmission System Configuration The network topology for this project can be described as follows: - The transmission system transport backbone is comprised of two tier architecture operating at STM-4 and STM-1 data rates while the access network is comprised of primary multiplexers with voice and data channels.

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The Tier-1 consists of WRI GF2488-01F STM-4 transport backbone system from Trombay to Pakni interconnecting seven attended stations and two unattended stations along the pipeline via Fibre optical cable. The Tier-2 consists of WRI GF2488-01F STM-1 Transport backbone interconnecting all MOV & SV stations along the pipeline via Fibre optical cable. The optical connectivity between STM-4 and STM-1 stations is achieved using L4.2 and L1.2 optical transmitter, respectively. For long distance links optical amplifiers (EDFA) are used. All the existing WRI SDH STM-1 & STM-4 nodes are equipped with 10/100 Base-T Ethernet Interface cards for extension of various facilities viz. SCADA LAN-A, SCADA LAN-B, CCTV LAN, VCS LAN and NMS LAN.

3.3 Existing OFC Cable Details 12 core single mode (G.652) fiber optic cable is laid along the MPSPL pipeline route. For termination of 12 core optical fiber cable inside telecom room, wall mounted FTCs are used in this project. The FTCs were equipped with splice tray & FC Thru’ adaptor termination panel. The incoming OFC is secured on ‘Steel wire mesh’ which is mounted on the wall inside the telecom room. The FTCs with four (4) nos. of twelve (12) fiber trays are available with 24 pigtails and FC through adaptors for termination and distribution of optical fibers. In MPSPL project, there is a two tier optical transport path viz. STM-1 and STM-4. The STM-4 SDH nodes are at seven (7) attended stations and two (2) attended stations while STM-1 nodes are at other stations. The first eight (8) fibers i.e. Fiber #1 to 8 are terminated at all stations while the other four (4) fibers viz. Fiber #9 to 12 are spliced through at STM-1 stations and terminated at STM-4 stations. First two fibers viz. Fiber #1 and 2 are used for STM-1 optical path while other two fibers viz. Fiber#9 and 10 are used for STM-4 optical path. All other balance fibers are marked as spare.

3.4 Interfacing of HPCL-PIPESENS with Existing Transmission Network For third-party intrusion monitoring of the pipeline, the IDS controller shall be placed in attended or unattended stations of pipeline. For interconnectivity of these controllers, required Ethernet channels shall be used from the existing transmission system backbone. The bidder shall specify the required Ethernet channel bandwidth between the controllers to the central monitoring server. As part of this project, the existing WRI SDH STM-1 & STM-4 nodes shall be re-configured and programmed to create new Ethernet channels for IDS application. While undertaking the re-configuration of these channels, there should not be any discontinuation of the existing traffic.

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4. SYSTEM OBJECTIVES Third-party intrusion, i.e. unauthorized excavation that accidentally strikes and damages or ruptures a pipeline, is a leading cause of loss to the pipeline integrity. Early warning can provide HPCL the ability to respond to the potential intrusion in time to prevent pipeline damage, and thus preclude incurring the additional cost and liability related to pipeline repairs or any releases that may occur. Some of the benefits of successful HPCL-PIPESENS would include:

1) increased safety 2) reduced number of hits to pipeline 3) reduced system downtime and customer disruption 4) reduced cost to customers and industry alike to address third party damage hits, 5) longer life and improved integrity of the pipeline infrastructure.

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5. SCOPE OF WORK Scope of work for the selected vendor shall include supply, installation, implementation, commissioning, training, providing user manual, providing 12months warranty and 48months post warranty, on-site & comprehensive AMC of HPCL-PIPESENS (Opical Fiber based Third-party Intrusion Detection System) including conducting a pilot-run of the system. The “supply of equipment & services” signifies door delivery at respective HPCL pipeline locations. The control room at the site location shall contain a sensor controller, an alarm processor module, a network switch, a display monitor & the software. Alternatively, the control room at Trombay shall also have remote monitoring station/GUI. The detailed scope of services & various deliverables under it for the selected vendor for the HPCL-PIPESENS project shall be as follows:

5.1 Supply, Installation & Commissioning of HPCL-PIPESENS The indicative Schedule of Quantities for various hardware & software components of HPCL-PIPESENS is provided in Annexure I. The scope of services for the selected vendor shall be supply, installation, commissioning & testing of HPCL-PIPESENS following components (Indicative) as per the specifications & makes mentioned in the Technical Requirements section of this tender document.

1. IDS Controller 2. End Sensor Unit 3. Data Acquisition Hardware 4. Data Processing 5. Software suite with monitoring, simulation, testing, configuration modules for detection &

location of intrusion, ground movement; signal & alarm processing etc 6. Servers & Workstations 7. Patch Panels 8. Splicing 9. Panels & Cabinets 10. Any additional components & equipments to complete the system

Note: The pipeline route survey required to be carried out for successful implementation of the system shall be within the scope of the vendor; Please note.

5.1.1 Testing

5.1.1.a Factory Acceptance Test (FAT)

The Bidder shall submit a Factory Acceptance Test Plan (FATP) during the detailed design stage for review & approval by the HPCL. The FATP shall comprise a list of proposed project specific unit tests to be conducted during the integrated system FAT to verify all deliverable functionality. In addition to these tests the following standard tests shall be carried out at the bidder’s premises.

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5.1.1.b Site Acceptance Test (SAT) Bidder shall submit a full list of proposed site acceptance tests during the system development stage for review by HPCL. These tests shall demonstrate successfully the performance & response of system. Bidder shall submit SAT procedures commencement of FAT for approval by HPCL at least 4 weeks prior to procedures commencement of FAT. The SAT shall include all the tests performed during the POC stage.

5.2 System Integration The vendor scope shall include integration with the existing SCADA, Telecom & Security Tracking System of HPCL. Bidders are advised to study the specifications of the existing systems provided in this document as well as visit the MPSPL Control Room to understand the systems in details.

5.3 System Maintenance

i. 12-Month System Warranty - All the components of HPCL-PIPESENS shall carry a comprehensive on-site warranty of 12 months from the date of its successful installation

ii. 48-Month Post-Warranty AMC - In addition to the standard 12-month warranty, HPCL-PIPESENS components shall also be under a comprehensive on-site Annual Maintenance Contract for a period of 48-month post warranty period.

5.4 System Training The Scope of Services under System Training shall include a) providing 1‐week system operation & maintenance training in Hindi & English language to at least 10 personnel, along with providing the proper training material, in soft as well as hard copies.

5.5 User manual The vendor shall supply system Users’ (Operations & Maintenance) Manual in English & Hindi languages in soft (MS Word and PDF) format.

5.6 Documentation The vendor shall prepare & maintain proper project documentation, such as Project Management Plan (Complete as well as location-wise) system drawings, test plans, test results, minutes of the review meetings, training plans etc.

5.7 Additional Services

i. System Customisation/Configuration: The selected vendor shall add, update & optimize event recognition libraries and configure system’s zoning to reflect changes in the built environment around the pipeline.

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ii. Customer Support/Help Desk - The selected vendor shall provide a 24x7 operations &

maintenance help desk support throughout the contract period, for a minimum period of 5 years, including the AMC period.

5.7 Exclusions from Scope of Services

i. OFC (Max. 2 No. of Cores) required for sensing & data communication shall be provided by HPCL in its existing form.

Note: Notwithstanding anything contained in this document, regardless of what appears in the indicative schedule of quantities, it shall be the responsibility of the vendor to supply, install, commission, test & maintain all the components required to make HPCL-PIPESENS a) total & fully functional b) function as per the functional requirements set in this document without any financial or any other obligation to HPCL.

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6. SYSTEM DESCRIPTION

a. The system shall be a fiber-optic intrusion detection system for promoting pipeline security. b. The system shall use the existing buried fiber-optic cable as the vibration sensor & for data

communication. c. The system shall incorporate rack-mounted instrumentation (head end) located at an indoor

equipment room. d. The system shall require no electrical power in the field. e. The system shall be capable of monitoring changes in the optical signal resulting from the

vibration of the sensor. f. The system shall be capable of detecting ground vibrations associated with Third Party

Interference. g. The system shall be capable of locating the point of interference. h. The system shall provide a PC-based operator interface with graphical alarm annunciation at

the head end. i. The system shall be capable of communicating alarm information to local or remote

recipients via computer network. j. The system shall have capability to add various signatures to its signatures library &

subsequently detect/identify the same.

6.1 SYSTEM PERFORMANCE

6.1.1 Detection Principles

1. The system shall sense the changes in the optical signal resulting from the minute relative motion of the fiber strands within the fiber-optic sensor cable.

2. The system shall monitor the optical signal continuously. 3. Sensitivity of the fiber-optic sensor shall be continuous and uniform across its entire length. 4. Location of a disturbance along the sensor length shall be determined from the time of

arrival of the changed optical signal.

6.1.2 Probability of Detection

1. The system shall generate and report an alarm with greater than 95% probability for an isolated non-stealthy excavation attempt in the area directly above the sensor cable, before such excavation reaches the cable.

2. Such attempts shall include a. Digging using excavation equipment b. Manual digging

6.1.3 Time to Detection

1. The system shall be capable of generating an alarm within thirty seconds from the onset of an intrusion attempt that involves a substantial disturbance of the sensor cable.

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6.1.4 Accuracy of Intrusion Location The location along the fiber-optic sensor cable of an isolated intrusion attempt shall be determined and reported with an absolute accuracy better than 10 meters in 95% of detected intrusion attempts for a standard installation.

6.1.5 False Alarms The false intrusion alarms generated due to occurrences other than sensor cable motion / vibration shall be limited to less than 5% such alarm per month of continuous operation.

6.1.6 Nuisance Alarms

1. The system shall be immune to nuisance alarms and performance degradation originating from electromagnetic and radio-frequency interference in the field.

2. The system shall be intrinsically capable of rejecting nuisance alarms due to moderate non-localized environmental disturbances.

3. The system shall be capable of rejecting low-level localized or semi-localized disturbances such as those created by small animals or nearby vehicle traffic.

4. The system shall employ adaptive filtering algorithms to minimize the rate of environmental alarms.

6.2 Functional Specifications

1. Third-party Intrusion Detection System (HPCL-PIPESENS) shall meet the following functional requirements:

2. HPCL-PIPESENS shall detect, classify & locate any third-party intrusion attempt (e.g.

movement of objects along or crossing the pipeline route, manual or mechanical excavation attempt ) on a continuous & real time basis around the pipeline using the existing optical fiber cable as the sensor in a single distributed sensing system .

3. The system shall be impervious to linear variation along the length of the sensor (strong

signals near the sensor do not prevent distant quiet signals further along the sensor from being received), impervious to external jamming or interference from electromagnetic radiation and intrinsically safe

4. involving no active electronics or electrical signal.

5. All attempts of intrusion & conditions of concern shall be detected in all weather conditions.

6. HPCL-PIPESENS shall detect, recognize & locate multiple simultaneous conditions/ events/ intrusions.

7. Shall have capability to tailor alarms according to the local environment

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8. Shall be flexible to add, update & optimize event recognition libraries and configure system’s zoning to reflect changes in the built environment around a pipeline.

9. Shall offer system performance as follows:

I. The system shall detect/recognize the Third-party interference n less than 30 seconds.

II. The accuracy of location of events shall be less than 10m.

III. Minimum performance expectations wrt detection range from a “standard” soil shall be

i. Personnel >5m

ii. Manual Digging>10m iii. Moving Vehicle>10m iv. Excavator (medium weight)>20m

IV. shall enable detection and distinguishing of multiple simultaneous events more than two

meters apart along the entire fibre cable, without any confusion between different locations.

6.3 Technical Specifications

6.3.1 Monitoring Technology The pipeline intrusion detection system shall use one of the unused fibers in existing 12 core single-mode optical fiber cable and the monitoring shall be based on distributed acoustic sensing philosophy. The HPCL-PIPESENS shall consist of two elements: an optical fiber cable and the controller unit which shall be connected to one end of the fiber and sends a pulsed laser into the fiber, and shall analyze the reflected signals. The system shall operate using the high sensitivity of optical fiber interferometers with the high spatial resolution of short pulse optical time domain reflectometry in single-mode optical fiber. Noises or vibrations reaching the fibre will create an intrinsic property change and alter the phase of the back-scatter from the laser pulses. These effects shall be detected at each meter along its length, located and analysed and shall be automatically notified to relevant personnel by the HPCL-PIPESENS system. HPCL-PIPESENS shall enable detection and distinguishing of multiple simultaneous events more than two meters apart along the entire fibre cable, without any confusion between different locations. The HPCL-PIPESENS shall provide real-time acoustic based integrity assessment of the entire pipeline length for monitoring the third party interference. It shall utilize signal characterization and analysis software tools to report any significant changes. The features of the system shall be as follows:

Fully distributed over entire fiber cable length

Real time detection, location and notification to any desired monitoring location

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No field electronics or power required to the cable

High spatial discrimination

Single-ended measurement mode The system shall be configured to identify acoustic or vibration events at less than 2 meters spatial resolution. The HPCL-PIPESENS shall have superior sampling frequency to detect an acoustic event such as potential third party interference within 30 second of the actual event being detected. The HPCL-PIPESENS shall have local monitoring in a 1+1 configuration & a central monitoring at Mumbai. The storage of alarms & events or any other system data shall also be done in a local server & alternatively, at the central server. The system shall also have a capability to switch to a redundant (secondary) connection in case of the primary link failure.

6.3.2 Central Controller The acoustic based central controller shall be mounted in a 19” rack installed in the control room. The operating and environmental specification for the unit shall be as described in the following table:

Feature Value

Fibre type Single mode 15xx ITU-T G.652 series

Maximum fiber length 50 Km

Number of channels per controller 2

Operating temperature +5 to +40 oC

Power supply 115-230 VAC 50-60 Hz

Humidity 80% RH

Front panel user interface Display & soft buttons

Laser shutoff Required

Communications Ethernet

Data storage eSATA / USB port for external HDD

operating system Windows / Unix / Linux

Diagnostics GUI based software from OEM

Optical connectors E2000 Type

Remote access Full remote control

Certification UL, IEC, FCC and CE

6.3.3 Data Storage and Communications Software The controller unit shall be provided with an integrated single-board-computer providing an expandable 1TB of local data. The controller unit shall include Ethernet communications for transfer of data and alarms. The controller unit shall automatically save and store historical data. The period of data storage shall be operator configurable. The controller unit shall be able to self-start and reconnect communications after power failure. When powered on, the controller unit shall auto load the operating system, application software

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and database and commence normal operation. The controller unit shall then remain in normal working operation.

6.3.4 Software Interface A data server shall receive event notifications from the controller units along the pipeline and apply algorithms and logic to the event to determine whether an alert should be raised. The user interface shall show a graphical representation of the pipeline and location. This graphic can be either a Google satellite view or a topological diagram of the pipeline. The operator shall able to choose to view any individual segment of the pipeline, showing real-time fiber disturbances vs. distance and time. Alarms that are raised shall be shown on the map with an indication of the cause. The primary functions of the system are:

Continuous monitoring of optical fiber

Definition of zones and alarm thresholds

Identification of any event disturbances that fall outside threshold limits

Precise location of such an event disturbance.

Identification of simultaneous multiple event disturbances

Analysis and characterization of event disturbance data.

Addition of new signatures to the library based on local conditions

Extraction and transmission to a central monitoring system of vibration/sound file (resulting from an event disturbance) for further interpretation as necessary.

Scheduling data storage and communications to host system

Data output and alarm notification at the local as well as central location (Mumbai)

Remote control

System Health Check

Multi-level password protection The HPCL-PIPESENS software shall provide a visual display showing the real-time condition of the monitoring fiber and an ability to have event disturbances trigger highly customizable notifications to required personnel. This shall include a detailed zoom diagram to indicate specific features of the pipeline such as exposed sections, valves etc. The HPCL-PIPESENS software shall be web based to allow for remote monitoring on any computer / portable device with a web browser. Multiple personnel can simultaneously view any segment of the pipeline to ensure that the entire pipeline is being monitored. The notification shall consist of a map display of the pipeline pinpointing the location of the event disturbance, the time, magnitude and type. In addition, the notification can optionally include the sound file resulting from the disturbance, which can be listened to and/or graphically displayed. The system shall be able to raise & communicate alarms via annunciators, emails, SMS or auto-generated calls. The system shall also be able to integrate with the existing GPS & communication system used by guards on patrol.

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A. Defining Alarm Levels and Zones Multiple alarm zones shall be configured with the HPCL-PIPESENS, each zone having their own unique multiple alarm types and parameters. The alarm types shall include some or all of the following as relevant to the application:

Vibration/sound amplitude

Frequency characteristics

Temporal and spatial distribution analysis

B. System Alarms The controller units shall self-diagnose and self-test, providing warning alarms when system faults are detected. A failure of the primary detection system or OFC cut shall also automatically raise an alarm.

C. Data Output and Alarm Notification Event disturbances shall be communicated and stored on the central server. If there are any network problems, the data associated with event disturbances shall be stored on a local hard drive until network communications are restored. Once data is stored on server, it shall be transferred using several options (Ethernet, CD-R/W, RS232, USB device etc.). The system shall be configured to display the alarm status on a screen, record the alarm condition in a log file, and communicate the alarm to another system (via Ethernet).

D. Remote control The HPCL-PIPESENS software shall allow operators to remotely control the configuration and setup of the system using Ethernet channel. This shall allow for fine tuning of the system from a central control room rather than having to travel out to the controller units. All system parameters can be remotely adjusted based on observed results.

E. Multi-Level Password Protection The interface shall be utilized to provide multi-level password protection to allow some users to display data whilst protecting the configuration of the system.

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6.3.5 Indicative System Architecture

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7. INSTRUCTIONS TO THE BIDDERS

7.1 Prequalification (Bid Qualification) criteria

1. As per the audited balance sheet and Profit and Loss account, the average annual financial turnover during the last three financial years ending March 31st, 2011 (2010-11, 2009-10, 2008-09) should be at least Rs. 90 lakhs.

2. The Net Worth of the company should be positive during the last three financial years ending March 31st, 2011 (2010-11, 2009-10, 2008-09)

3. Bidders during the last seven years reckoned from 31-03-2011, should have successfully

carried out and completed any of the following jobs through a single work order

– 1 similar completed work costing not less than Rs. 2.4 crores OR – 2 similar completed works each costing not less than Rs. 1.5 crores, OR

3 similar completed works each costing not less than Rs. 1.2 crores

4. “Similar work” should be construed as “Supply, Installation and Commissioning of an Intrusion Detection System along a pipeline OR implementation of OFC-based SCADA/ LDS Telecom Project preferably in Oil & Gas Pipeline ”.

Please note that it will be the sole responsibility of the bidder to ensure that all supporting documents in respect of the bidder’s prequalification criteria are submitted in the bid document.

7.1.1 Consortium

1. Parties who are affiliates of one another can decide which affiliate will make a bid. Only one affiliate may submit a bid. Two or more affiliates are not permitted to make separate bids directly or indirectly. If 2 or more affiliates submit a bid, then any one or all of them are liable for disqualification. However unto 3 affiliates may make a joint bid as a consortium, and in which case the conditions applicable to a consortium shall apply to them.

2. “Affiliate” of a Party shall mean any company or legal entity which:

a. controls either directly or indirectly a Party, or b. which is controlled directly or indirectly by a Party; or c. is directly or indirectly controlled by a company, legal entity or partnership which

directly or indirectly controls a Party.

3. “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;

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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. The roles and responsibilities of each of the members of the JV shall be clearly identified in the form of a written guarantee. The guarantee shall cover inter alia the commitment of the member/promoter to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the JV to ensure completion of the contract when awarded, an undertaking not to withdraw from the JV till completion of the work, etc.

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

following conditions shall apply:

i. Each member in a consortium may only be a legal entity and not an individual person;

ii. the Bid shall specifically identify and describe each member of the consortium;

iii. 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);

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

v. 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;

vi. The eligibility criterion related to similar work experience (Sec 6.1.3) may be completely fulfilled by at least one consortium member. However, the turnover criterion (Sec 6.1.1) has to be met by the prime member alone.

vii. A commitment shall be given from each of the consortium members in the form of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member’s 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;

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

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ix. 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;

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

bidder or as a consortium only; xii. 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 fulfil 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, 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 HPCL. 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.

7.2 Special Instructions for International Bidders

The following provisions are binding for all international bidders, quoting directly to HPCL in foreign currency.

7.2.1 Prequalification Criteria The conversion of bidder company’s turnover & completed value of orders in USD to INR will be done on the basis of TT selling rates on the date of as available in State Bank of India, Mumbai on the date of un-priced bid opening. In case, exchange rate is not available in State Bank of India (Mumbai), alternative sources viz. Economics Times shall be considered for all the currencies.

7.2.2 Commercial Proposal Format In their commercial proposal, foreign bidders shall include all the applicable charges like freight (marine & inland), insurance (marine & inland), port levies & port handling charges (load port & disport), applicable taxes and any other charges like LOC etc., to ensure that the quoted price is a net delivered price for HPCL.

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7.2.3 Format of EMD BG, CPBG & CAMC BG 1. The Bid Security shall be in the form of an irrevocable Bank Guarantee (as per Annexure VIII)

issued by any Indian Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by an Indian Bank, acceptable to HPCL. Bid Security shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.

2. The CPBG & the CAMC BG shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure IX) issued by any Indian Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by any scheduled Indian Bank. Bank Guarantee shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.

7.2.4 Commercial Bid Evaluation Conversion to Single Currency: To facilitate evaluation & comparison, HPCL shall convert all Bid prices of foreign bidders expressed in USD, to Indian Rupees at the TT selling rates on the date of the Un priced Bid opening, as available in State Bank of India, (Mumbai). In case, exchange rate is not available in State Bank of India (Mumbai), alternative sources such as the Economics Times shall be considered for all the currencies.

7.2.5 Prices Foreign bidders shall quote their prices in US Dollars. For component of services (Supervision of Installation & Commissioning, AMC) to be rendered in India, the bidders shall quote in Indian rupees only. The Indian component of prices shall be inclusive of all Indian taxes, duties, levies, etc. and also no taxes, duties, levies and /or any variation thereof shall be payable by HPCL. It will be the responsibility of the bidder to pay applicable service tax to Government of India (GOI) as per prevailing rates. HPCL shall deduct applicable taxes and deposit the same to the concerned departments of the GOI before making payment to the successful bidder. Certificate for such statutory deductions shall be provided to the successful bidder.

7.2.6 Payment 1. All foreign currency payments (for supplies) to foreign Bidder shall be released through an

irrevocable Letter of Credit, which shall be opened through Govt of India Nationalized Bank and hence shall not be confirmed. In case any Bidder insists on confirmation, charges towards confirmation shall be borne by him. LC shall be established within 30 days after receipt of unconditional acceptance of Letter/ Fax of Intent together with Contract Performance Bank Guarantee.

2. All remittance of Rupee component shall be made directly to the bidder, payable within India against Bills duly certified by the Bidder. For this purpose, bidder shall undertake necessary formalities including opening of bank account in India. All connected liabilities on account of this shall be to bidder’s account.

3. Only the charges of HPCL’s Bank in India shall be to HPCL’s account. All other Bank charges including those in Bidder’s country shall be to Bidder’s account.

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4. All payments shall be made in the Currency quoted (USD / INR).

5. No Interest charges for delay in payments, if any, shall be payable by HPCL.

6. No variation in payment terms shall be accepted for Foreign Bidders and deviation from above

will make their bid NON-RESPONSIVE.

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8. BID SUBMITTAL

8.1 General Instructions DETAILS OF BID DOCUMENT Bid Document No : 11000131-HD-10002 Bid Due Date & Time : November 24, 2011 (1500 hours IST) Opening of Bid Security : November 24, 2011 (1530 hours IST) & Unpriced bid. Bid Document Fee : Nil (Non-refundable) BID SECURITY: Bid Security shall be as below: Indian Bidder : Rs. 6,00,000/- Foreign Bidder : USD 12198/- TENDER FEE: : NIL

1. Bidder can download the Bid Document from HPCL’s website

http://www.hindustanpetroleum.com. Bidder shall intimate in writing his intent to participate after downloading the document.

2. Corrigendum(s), if any, shall also be available on the referred web sites.

3. No extension in the bid due date shall be considered on account of delay in receipt of bid

document by mail. Bids received after stipulated due date and time, due to any reasons what-so-ever, including postal delays, will not be considered.

4. The bidders have to quote for each line item mentioned in the schedule of quantities. Partial

quotes will be summarily rejected.

5. Bids complete in all respects should reach HPCL's office on or before the BID DUE DATE AND TIME. Fax/Telex/Telegraphic bids/E-Mail bids shall be rejected.

6. FOREIGN BIDDERS ARE REQUIRED TO SUBMIT THEIR BIDS THROUGH THEIR COURIER /

FREIGHT FORWARDING AGENTS ON FREE DOMICILE SHIPMENT BASIS (WHERE ALL THE CHARGES INCLUDING CUSTOMS DUTY TO BE BORNE BY THE BIDDER) ON FREE DELIVERY TO HPCL.

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7. Tender document complete in all respects must be submitted in the tender box provided at the below mentioned address before due date and time

Chief Manager-Procurement Hindustan Petroleum Corporation Limited 2nd Floor, Gresham Assurance Building Sir P.M.Road, Fort, Mumbai 400 001 INDIA

8. OPENING OF BIDS

Bids will be opened by Owner at HPCL, Gresham Assurance Building, (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort, Mumbai – 400001, in the presence of bidders/bidders authorized representatives (duly authorized by a competent person and having the letter of authority).

8.2 Proposal format & contents

1. HPCL discourages lengthy and costly proposals. Proposals should be prepared simply & economically and provide a straightforward, concise description of the Bidder’s capabilities to satisfy the requirements of this tender. Emphasis should be on completeness and clarity of content.

2. Bidders must follow all formats and address all portions of the tender set forth herein, including all the Corrigenda issued, providing all information requested. Bidders may retype or duplicate any portion of this Tender Document for use in responding to the tender, provided that the proposal clearly addresses all of HPCL's information requirements.

3. Bidders must respond to every section/subsection of this document under the Technical (Unpriced) Proposal. All information presented in a proposal must be relevant in response to a requirement of this document, must be clearly labeled, and, if not incorporated into the body of the proposal itself, must be referenced to and from the appropriate place within the body of the Proposal. Any information not meeting these criteria shall be deemed extraneous and shall in no way contribute to the evaluation process.

4. All responses, as well as any reference material presented, must be written in English. All proposal pages must be numbered & sections appropriately cross‐referenced in the Table of Contents.

5. Commercial Proposal and pricing information shall not be included in the Technical Proposal. Inclusion of Commercial Proposal amounts in the Technical Proposal shall make the proposal non‐responsive and the proposal shall be rejected.

6. The unpriced bid shall contain a table mentioning various extra charges, taxes & duties in

percentages to be loaded on specific price break-ups. A detailed format of such declaration has been provided in Annexure IV (For Indian Bidders) & Annexure V (For Foreign Bidders).

7. Bidders shall provide a detailed table of contents and compliance chart (as per the checklist provided in Annexure XIV) for their proposals with correct references to the page numbers.

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8. Bidders must organize their Technical Proposals as defined below to ensure consistency and to facilitate the evaluation of all responses. All the sections listed below must be included in the proposal, in the order presented with the Section Number listed. The information provided herein should unambiguously enable HPCL to evaluate the prequalification of the bidder as per this tender document, as well substantially aid the technical evaluation process. The required proposal sections are:

i. Table of Contents: A table of contents providing a listing for each section of the

proposal is required, including the appendices and any additional material submitted.

ii. Executive Summary: The executive summary should provide a concise summarization of the products and services being proposed to meet HPCL’s needs and why it is the solution HPCL should decide to implement. The Bidder should also summarize how large‐scale, government, public sector and private business use this product and how this experience indicates that the Bidder’s solution is suitable for HPCL.

iii. Company Overview: This section should provide information about the Bidder’s company, services, and corporate structure ‐including an organizational review, key contacts, and customer relations. This section must include the following information:

a. A brief description of the company b. Company history c. Current size of company d. Company location e. Length of time in business f. Length of time providing type of service outlined in this proposal g. Pre-qualifications of the company to respond to this tender h. Names, addresses, telephone numbers, email addresses of principal

company contacts for this RFP response.

iv. Experience and References: In this section, the bidder should discuss the firm’s experience in executing similar projects. References must include:

Contact Name Contact Address Contact Telephone Number Contact E‐mail Address

v. Proposed System Overview: A brief description of the proposed system must be

provided so that HPCL can gain a basic understanding of the standard capabilities of the system. System strengths and weaknesses should be clearly noted. The system overview should include a detailed system description, detailed system architecture diagram showing part numbers used, detailed specifications and quantities of parts / components used and solution features etc.

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vi. Compliance/Exception to Specifications (Annexure XIII) : Although the specifications in the requirements section represent HPCL’s anticipated needs, there may be instances in which it is in HPCL’s best interest to permit exceptions to specifications and accept alternatives. It is extremely important that Bidders make very clear where an exception is taken to the specifications and how alternatives will be provided. Therefore, exceptions, conditions, or qualifications to the provisions of HPCL’s specifications must be clearly identified as such, together with the reasons, and inserted in this section of the proposal. If the Bidder does not make it clear that an exception is taken, HPCL will assume the proposal is responding to and will meet the specification as written. If, during the technical evaluation, HPCL finds out that some exception was not recorded with the sole intention of misguiding the Technical Evaluation Committee, HPCL may decide, at its sole discretion, to treat such proposal as non-responsive.

vii. Additional Information: All additional information the Bidder deems as pertinent to

their proposal, must be included in this section. This includes quality certificates, documentary evidences of various claims made, Manufacturer Authorization Letters (from the OEMs of all the system components), technical sheets & any other document required to be furnished under various sections of this RFP. This section may also include test reports, marketing materials, case studies etc. Please note that all the MAFs are mandatory and should specifically be marked to HPCL. A format for the MAF is provided in Annexure XI.

a. The following documents are required to be submitted along-with the Technical Proposal.

Non submission of any of the documents may result in the proposal being treated as non-responsive.

i. Manufacturers’ Authorization Letter ii. Declaration that they have not been banned/delisted/blacklisted

8.3 Two Bid System 1. Bidders are required to submit their offer in 2 (Two) bids, namely “Technical (Unpriced)

Bid” & “Commercial (Priced) Bid”.

2. The bidder is expected to examine all instructions, forms, terms and specifications in the bid document. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidder, unless deviations are specifically stated seriatim by the bidder. Failure to furnish all information required by the bid document or submission of a bid not substantially responsive to the bid documents in every respect will be at bidder’s risk and may result in the rejection of his bid.

3. Bids shall be submitted separately in THREE PARTS in sealed envelopes super scribed with the Bid Document number, bid due date and time, item and nature of bid & the name and address of the Bidder as under:

Part - I (Envelope No. 1): Bid Security/EMD & Tender Fee:

Part - II (Envelope No. 2): Unpriced Bid:

Part - III (Envelope No. 3): Priced Bid:

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4. The envelopes containing Part -I, Part -II, Part -III of bid shall be enclosed in a larger

envelope duly sealed and pasted and shall bear the Bid Document number, bid due date and time, item and nature of bid & the name and address of the Bidder.

5. Bidder to note that if Bid Security /EMD (in the proforma attached with these documents)

in original and/or Bid document fee (if the Bid Document is downloaded) is kept in any other envelope and not found in envelope no. 1, the offer of the bidder(s) will be REJECTED during opening.

6. Bidder to note that prices are to be quoted in the Format provided in the price schedule

formats provided along with the tender and as given in Annexure II (For Indian Bidders) & Annexure III (For Foreign Bidders) without any conditions. Price bids submitted in any other format and conditional price bids will be liable to be rejected. Price bids received in open condition (not in sealed envelope) or kept in any other Part of the bid (i. e, Part - I or II) will also be liable for rejection. Kindly note that the components mentioned in the indicative Schedule of Quantities are indicative in nature & the bidders should indicate the exact components, their quantities & unit prices in their commercial proposals. Every single component (both supply & services) shall be separately listed & quoted for, please note.

7. If the outer envelope is not sealed and not marked as required, HPCL will assume no

responsibility for the Bid's misplacement or premature opening.

8. Bidders in their own interest shall ensure that they send their bid complete in all respects well in time to reach the specified office within the specified bid due date and time. No relaxation shall be given for delay due to any unforeseen event in submission of bid.

9. Bid Security (EMD) strictly in the proforma attached (Annexure VIII) with these documents

shall be submitted in Original along with the Bid. Bids received without original bid security, shall not be opened for evaluation.

10. Tender document complete in all respects must be submitted in the tender box provided

at the below mentioned address before due date and time

Chief Manager-Procurement Hindustan Petroleum Corporation Limited 2nd Floor, Gresham Assurance Building Sir P.M.Road, Fort, Mumbai 400 001 INDIA

11. The bid prepared by the Bidder and all correspondence/ drawings and documents relating

to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern.

12. The bid shall be typed or written in indelible ink and shall be signed by the Bidder or a

person or persons duly authorised to sign on behalf of the bidder on all pages of the bid. Such authorisation shall be indicated by written Power of Attorney accompanying the bid.

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The name and position held by each person signing must be typed or printed below the signature. The person or persons signing the bid shall initial all pages of the bid, except for un-amended printed literature.

13. Addenda/Corrigenda to the Bid Document, if issued, must be signed and submitted along

with the bid.

14. All the pages of the priced bid shall be signed by the authorised signatory. In case all the pages of the priced bids are not signed, the bid shall be rejected.

15. Each Bidder shall submit only one bid. A Bidder who submits more than one bid will be

rejected.

16. On the day and time of bid opening, Bid security/EMD (Envelope 1) and Unpriced Bid (Envelope 2) shall be opened in presence of bidders.

17. The Bidder’s representatives, who are present, shall sign a register/attendance sheet

evidencing their attendance.

18. The Bidder(s) names, presence or absence of requisite bid security will be announced at the opening.

19. Bidder (s), whose bids are not opened for any reason, including non receipt of original bid

security, will not be allowed to be present during bid opening.

20. Only those bidders whose bids meet the qualification criteria and are technically acceptable shall be called for opening of Priced bid (Envelope 3) at a later date, informed at least 3-days in advance.

21. The Bidder’s representatives, who are present, shall sign a register/ attendance sheet

evidencing their attendance.

22. Bidder(s), whose bids are not opened for any reason, will not be allowed to be present during bid opening.

8.4 Schedule of Tender/Project Events Following table shows the schedule of important events associated with this tender. Please note that HPCL may, under unavoidable circumstances, modify/change the schedule at its sole discretion. All such modifications/changes shall be posted on HPCL website. Bidders are, therefore, advised to visit the website regularly to keep abreast with the latest updates, if any.

Important Events Schedule

Date of publication of NIT

T

Date & Time of Voluntary Pre‐bid Meeting

T+10 days: 10:00 hrs

Last Date for Submission of Tender

T+40 days; 15:00 hrs

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Date & Time of Technical (Unpriced) Bids Opening T+40 days; 15:30 hrs

Date of completion of Technical Evaluation T+60 days

Date on which the PoC of Technically Qualified Bidders Begins

T+120 days

Probable Date of Commercial (Priced) Bid Opening & Release of LoI

T+155 days

Completion of Project T+245 days

Project Stabilization T+305

8.5 Validity All quoted prices & rates shall be firm & valid for a minimum period of 180 from the placement of order.

8.6 Earnest Money Deposit (EMD) An EMD of Rs. 6,00,000/- (Rupees Six Lakh only) in favour of Hindustan Petroleum Corporation Limited shall be submitted along with the tender in line with provisions of the General Terms & Conditions attached to this tender.

8.7 Acceptance / Rejection of bid – part or full HPCL reserves the right to accept any tender in whole or in part or, reject any or all tenders without assigning any reason whatsoever. Further, HPCL shall not be bound to accept the lowest tender and reserves the right to accept any or, more tenders in part. Decision of HPCL in this regard shall be final and no disputes can be raised.

8.8 Pre-Bid Meeting

1. Voluntary Pre-bid meeting will be organized as per the schedule mentioned in the Schedule of Tender Events section of this document. The time, date & place of the pre-bid meeting shall be as per the tender notice. During the pre-bid meeting, salient features of the tender will be informed and techno-commercial clarifications pertaining to the tender will be answered.

2. However, participation in the pre-bid meeting is optional to the bidders, and non-

participation in the Pre-bid meeting will not be construed as likely non-participation of the bidder in the tender.

3. The language of communication for the pre-bid meeting shall be English & Hindi. However,

the minutes & the clarifications shall be made in English language only. All the issues & discussion happened during the meeting shall be noted & properly addressed while issuing the clarifications.

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4. The minutes of the pre-bid meeting & HPCL clarifications on the queries raised during the meeting will be posted on the HPCL website.

8.9 Bidder’s Commitment

1. Proposals submitted in response to this invitation will be considered as a contractually binding undertaking on the part of the Bidder, should the Bidder’s proposal be found acceptable to HPCL.

2. All materials received by HPCL as a result of this Bid become the property of HPCL and are not returnable. HPCL accepts no financial responsibility for any cost incurred by any Bidder in responding to this Bid. Regardless of the Bidder being selected or not, HPCL reserves the right to use any information presented in the Bid to HPCL’s requirement.

3. Proposals submitted in response hereto should not be construed as an obligation on the

part of HPCL to award the Order for any or all items/services or a combination of services or items.

4. The bids submitted by the bidders should be clear & unambiguous. Non specification of

the Make & Model of the product/s offered as a part of the proposed solution OR specifying multiple brands shall be treated as an intentional ambiguity kept with the malafide intention of post-award changes & shall be considered non-responsive.

8.10 Integrity Pact Bidders should sign the Integrity Pact (As per the format provided by HPCL) with HPCL.

8.11 Arbitration clause for Indian Bidders 1. All disputes and differences of whatsoever nature, whether existing or which shall at any

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

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

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matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference.

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

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

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

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

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

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

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

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

11. The Appointing Authority is the Director- Marketing of Hindustan Petroleum Corporation Limited.

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8.12 Arbitration clause for Foreign Bidders

1. Disputes or difference arising out of or in relation to this agreement shall be settled by Arbitration in India. The arbitration shall be by a Sole Arbitrator appointed by HPCL. The Sole Arbitrator will adjudicate the disputes and differences between the parties except those in respect of which the decision of any person is by the agreement expressed to be final and binding.

2. In the event of the Sole Arbitrator to whom the matter is originally referred to, is unable to act or he/she vacates the office, HPCL, shall nominate another Sole Arbitrator to settle the said disputes and differences.

3. The second Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his/her predecessor.

4. The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreement subject to the provisions of the # Arbitration & Conciliation Act, 1996, as in force in India and the rules made thereunder and for the time being in force. This agreement shall be covered by the laws of India.

5. The award shall be made in writing and shall be published by the Sole Arbitrator within six months after entering upon reference or within such further time mutually extended by the parties. The Sole Arbitrator shall have power to order and direct the parties to abide by, observe and perform such directions as the Sole Arbitrator may think fit and proper to issue having regard to the fact that the arbitration proceedings have to be completed within the specified period solely on the principles of Natural Justice.

6. The Sole Arbitrator shall be at liberty to appoint, if so necessary, any Accountant or Engineer or other person to assist him/her and act by the opinion so taken.

7. The Sole Arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the disputes and differences, and in particular, shall make separate awards in respect of each claim or cross claim of the parties.

8. The Sole Arbitrator shall be entitled to direct any of the parties to pay the cost of arbitration in such a manner and to such an extent as the Sole Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportions to meet the arbitration expenses. The parties to arbitration, whenever called upon to do so, shall be bound to comply with such directions without any demur.

9. Notwithstanding anything contained to any other law, the parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction in respect of all or anything arising under this agreement and any award(s) made by the Sole Arbitrator hereunder shall be filed in the court in the city of Mumbai only.

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8.13 Contact Details

1. All general queries in connection with the tender process including submission of EMD / copies of documents in connection with credentials etc. shall be directed to :

Shri Ravi Dutt Gaur Chief Manager, Procurement, HPCL Gresham Assurance Building, 2nd Floor, Sir P.M. Road, Fort, Mumbai - 400001

email: [email protected]

2. All technical queries / clarifications in connection with the scope of work, technical specs, pre-bid meeting, inclusion of brands, etc. shall be directed to:

Shri R. Ramesh, Sr. Manager (Operations), HPCL- MPSPL, HPCL Refinery, Mahul, Mumbai Mumbai- 400074 Email:[email protected] and Shri M. J. Ravi, Executive operations Officer, HPCL- MPSPL, HPCL Refinery, Mahul, Mumbai Mumbai- 400074

email: [email protected]

9. BID EVALUATION

a. The bids of only those bidders shall be technically evaluated who stand qualified in the prequalification stage/criteria. All proposals shall be reviewed to determine compliance with basic proposal requirements as specified in this tender document. If HPCL determines that a proposal may be missing one or more such requirements, they shall review the proposal to determine:

a. if it meets requirements for further evaluation; b. if HPCL shall request clarification(s) or correction(s); or c. if HPCL shall determine the proposal non‐responsive and reject it.

b. HPCL reserves the right, at its sole discretion, to request clarifications of technical proposals

or to conduct discussions for the purpose of clarification with any or all Bidders. The purpose of any such discussions shall be to ensure full understanding of the proposal. Discussions shall be limited to specific sections of the proposal identified by the Project Consultants and, if held, shall be after initial evaluation of Technical Proposals. If clarifications are made as a result of such discussion, the Bidder shall put such clarifications in writing. HPCL’s intent in this regard shall be communicated to the bidder/s at least 3 days in advance.

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c. Detailed technical evaluation of the proposals submitted by the bidder will be carried out by HPCL. The technical evaluation methodology/criteria is explained in detail in Annexure VI. Only those proposals that meet the minimum technical marks (70%) shall be further considered for Proof of Concept (PoC) Evaluation.

d. As a part of the PoC evaluation process, the technically qualified bidders shall be required to

demonstrate their solution by carrying out a Proof of Concept (POC) at their own costs, at a location along MPSPL (min 10 KM Section), specified by HPCL. The purpose/objective of the POC shall be to determine that the solution proposed by the bidder meets the overall functional & technical requirement of the project. Please note that a successful PoC is a pre-requisite for technical qualification in the tender process. The PoC will follow an objective evaluation process as described in Annexure VII. Please note that the PoC will be conducted with the exact same set of equipment / software / makes proposed by the vendor and will be based on functional capabilities of the vanilla version of the software proposed. Only those proposals that meet the minimum marks (70%) shall be further considered for Commercial Evaluation.

e. HPCL will not be responsible for any customs formality for the PoC which will have to be handled independently by the bidder.

f. The total time for testing provided will be 1-week or till the satisfaction of HPCL, whichever is earlier.

g. PoC shall be carried out along the Karla-Talegaon-Loni section of the MPS Pipeline.

h. HPCL may request:

An interview and/or open forum meeting with the technical teams of the Bidders or the OEMs.

A visit to the OEM facilities or reference sites as per the benchmarking schedules set with the individual bidder/s.

A reference checking meeting with the clients provided by the Bidder.

A visit to the office/facilities of the bidder.

i. The commercial bids of only those companies that successfully meet the PQC & technical criteria will be evaluated.

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10. STANDARD CONTRACT TERMS

10.1 Composite Performance Bank Guarantee (CPBG) The bidder(s) with whom the contract is decided to be entered into and intimation so given will have to make a Performance Bank Guarantee inclusive of Security Deposit for an amount equivalent to 10 % of the Purchase Order / Contract value (excluding the CAMC value), which shall be valid for a minimum period of 3 months beyond the expiry of the CAMC period (Since the value of the BG for both performance as well as CAMC are equal to 10 % of PO value). The Bank Guarantee on stamp paper of requisite value shall be accepted only from Scheduled Indian Banks (other than co-operative banks). All Bank Guarantees shall be unconditional and encashable on presentation to the issuing Bank. In case successful bidder fails to submit a valid CPBG of required amount within 15 days from the date of intimation of acceptance of its tender, HPCL reserves the right to cancel the order and forfeit its EMD. On receipt of CPBG, the EMD of the bidder will be returned by means of A/c Payee Cheque payable at Mumbai.

10.2 Completion Schedule The entire work/ job should be completed within 5 months from the date of LOI or purchase order, including a 2-month system stabilization period.

10.3 Defect Liability Period / Warranty Period Unless specified separately for individual components for longer duration as per the Specification Sheet, the entire system including all supplied materials shall be warranted for 12months from the date of commissioning of the system covered under the purchase order. During the warranty period, the vendor shall be liable to replace / rectify any item / component / equipment found defective / malfunctioning. All spares & consumables required during the warranty period shall be under the scope of the vendor. The vendor shall arrange to rectify / replace the defective parts or, the complete set within 48 hours of such telephonic / email/fax intimation from the respective Location in-Charge or, the Project in-Charge of HPCL, failing which HPCL, in addition to a deduction of 500/- per day of default, may get the defects rectified / replaced on its own or, by any other agency/ party, debiting the cost to the vendor. The vendor shall ensure the presence of at least one exclusive service engineer at designated HPCL premises during the warranty period. The service engineer shall be experienced and competent to handle all service queries related to hardware, software, networking & training requirements. The CV of the proposed service engineers may have to be submitted during the implementation stage. The vendor shall also ensure that a replacement engineer is provided within 2 days, in the case of extended absence from duty of a regular service engineer. Please note that all expenses of the service engineers, including salary & wages, statutory obligations, travel, lodging & boarding charges shall be borne completely by the vendor, during the warranty period.

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Other conditions related to service expectations, penalty & spares during the warranty phase shall be as per the CAMC conditions set forth in this document.

10.4 Delay in Completion: Liquidated Damages In case of delay in execution of the order beyond contractual delivery date as stipulated in the order HPCL at its option can either - i) Accept the delayed delivery on price reduced by sum equivalent to half percent (0.5%) of basic PO value (excluding CAMC), per week of delay or part thereof, subject to a maximum of 5% of basic PO value (excluding CAMC). OR ii) Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account at the risk of the seller without prejudice to its right under (i) above in respect of goods delivered. All costs and expenses incurred by HPCL, if any, resulting from cancellation of order shall be recovered from the seller.

10.5 Risk Purchase If the Party fails to complete the assignment or if the quality of the assignment is found to be unsatisfactory, HPCL shall have the right to get the assignment completed through another Party and any extra cost incurred in doing so, will be recovered/ made good by the Party to whom the Assignment has been originally awarded.

10.6 Third Party Inspection [TPI] All materials / components / spares supplied against this order shall be inspected by any of HPCL approved 3rd Party inspection agency *Bureau Veritas / Lloyds / DNV / IRS / EIL+ at vendor’s cost before shipment of material to the respective destination locations. Third Party inspection shall be carried out to establish conformance to the required technical specifications & the deviations if any shall be clearly recorded by the inspecting authority. HPCL shall review the deviations for acceptability, only for good & sufficient reasons which shall be duly recorded in writing, else such material shall be summarily rejected. Decision of HPCL in this regard will be final & binding on the vendor/ vendor, which cannot raise any dispute on this count. Further all cost implications on account of such deviations will be on the vendor/ vendor. The vendor/ vendor will give clear notice period of 1 week to both HPCL & the 3rd party, offering its material / components for inspection, and HPCL may or may not wish to witness such 3rd party inspections. 3rd party inspection reports & dispatch clearance shall be submitted to HPCL in both hard & soft copy for all the items as indicated below:

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Controllers

PC/Workstations/Servers

Active Network Elements As a minimum, following checks shall be included during in the inspection:

Conformance to tender/ PO specification(verifiable parameters)

In absence of above, conformance to approved data sheet of manufacturer

Material of construction

Make & model No. verification For above verification, vendor shall produce necessary documentations like manufacturers Test reports, raw material inspection certificate & any other statutory certificates as required. Delay, if any for verification & approval by the TPI agency shall be on account of vendor and HPCL shall not be responsible for the same.

10.7 Payment Terms Payment shall be made as per the following completion schedule:

1. 40% of the payment shall be released on receipt of equipment at site. Payment against invoices shall be made against submission of following documents along with the vendor’s Bill / Invoice:-

a. Delivery Challan / Lorry Receipt duly acknowledged by our site b. Manufacturer Test Certificate c. Third Party Inspection / Clearance Certificate d. Manufacturer Warranty Certificate

2. 20% payment will be made on completion of installation.

3. 30% payment will be made on completion of commissioning, testing & training and Site

Acceptance Testing duly certified by respective location in-charge.

4. Balance 10 % payment will be released on successful completion of the mandatory system stabilization period of 45 days from the date of commissioning.

5. Billing will be done in the name of MPSPL. The Vendor will submit the bills in quadruplicate to the concerned project in-charge.

6. Bills shall be settled based on actual quantities supplied on each site.

10.8 Mode of Payment The payment will be made as per provisions of the General Terms & Conditions of this tender.

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10.9 Post-Warranty Comprehensive Annual Maintenance Contract (CAMC) It is mandatory for all the vendors to provide CAMC support to HPCL for all the supplied components & whole system for a period of 4 years beyond the completion of regular warranty period of 1 year. Vendors shall therefore quote lumpsum charges towards composite rate of 4 years of CAMC, as part of its offer without which their bid will be considered invalid & summarily rejected. The post-warranty CAMC amount will be reckoned for commercial evaluation of the bid. The above composite rate for 4 years CAMC shall be split year-wise in the following percentage for payment of annual CAMC charges: Year 1: 25% of composite CAMC cost Year 2: 25% of composite CAMC cost Year 3: 25 % of composite CAMC cost Year 4: 25 % of composite CAMC cost In case HPCL decides to extend CAMC beyond the fourth year, the AMC amount for the fifth year onwards shall not be higher by more than 10 % of previous year’s AMC cost. Post-warranty CAMC shall be a separate contract on the successful bidder(s) for individual job elements for 4years period and shall be awarded by HPCL at the beginning of each year. HPCL reserves the right to sign the Post warranty CAMC for all the 4years or, part of it or, none or, extend the contract further beyond 4years. Post warranty CAMC charges shall include cost of all spares, equipment, instruments & services (preventive & break-down) for maintenance during the AMC period. Vendor’s service engineer shall check & service each instruments/equipment/components & its accessories and maintain them in good working condition. During AMC period, vendor shall maintain inventory of minimum spares at site required for such maintenance. 2 Nos. normal visits (once in 6 months) and any no. of Emergency visits (as & when required) per year per location shall be included in the scope of the CAMC. HPCL will have the right to reschedule the visits and adjust the total no. of regular & emergency visits. In case of failure to resolve any reported malfunctioning within 48 hours days of telephonic/email/fax intimation, HPCL reserves the right to a) deduct Rs.500/- per day of default and/or b) get the defects attended through alternate agency at vendor’s risk & costs and/or c) In case of any other specific issues such as lack of spares availability, or inability of the engineer to resolve the service issue, the successful vendor must clearly indicate the escalation matrix of the responsible authorities. Payment for the post Warranty CAMC charges for each year shall be made in 2 equal installments after completion of half-yearly visits including emergency visits, if any within 15 days of submission of certified bills from the respective pay offices as indicated in the P.O. placed for the CAMC.

10.10 Bank Guarantee for CAMC The vendor shall furnish CAMC Bank Guarantees (BG) equivalent to 10 % of the Purchase Order / Contract value (excluding the AMC component). Each CAMC BG shall be submitted 2 months before the expiry of warranty period, failing which the Composite Performance Bank Guarantee shall stand

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forfeited. The CAMC BG shall be valid for a minimum period of 48months or, till the end of the 4thyear AMC whichever is later.

10.11 General

a. Bidders are required to accept the payment terms without any deviations, and submit priced bids accordingly.

b. Unconditional acceptance of the order and submission of Composite Performance Bank Guarantee is a pre-requisite for release of any payments.

c. Bidder to specifically note that HPCL will not issue any Form C or, D.

d. Where any portion of the General Terms & Condition of Contract is repugnant to or at variance with any provisions of the Special Terms & Conditions of Contract, unless a different intention appears, the provisions of the Special Terms & Conditions of Contract shall be deemed to over-ride the provisions of the General Terms & Conditions of Contract and shall to the extent of such repugnancy or variations, prevail

e. It is the clear understanding of the bidder that the complete scope as defined or, as may be required for the intended objective of this tender is included in the quoted price. No extra payment apart from the quoted price will be made in order to achieve the intended objective. Any activity not specifically mentioned in the tender enquiry/ tender but required to be carried out for achieving the intended objective, will not form basis for considering extra payments.

f. The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause for action or claim, against the Owner for rejection of his bid. The Owner shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the Owner.

g. Special Terms and Conditions of the contract shall be read in Conjunction with the General Terms & Conditions of Contract, Specification of Work, Drawing and any other documents forming part of this Contract wherever the context so requires.

h. In case of an irreconcilable conflict between Indian or other applicable standards, General Terms & Conditions of Contract, Special Term s & Conditions of Contract, Specification, Drawings or Schedule of Rates, the following shall prevail to the extent of such irreconcilable conflict in order of precedence:

1. Letter of Intent (LOI) / Purchase Order (PO)

2. Schedule of Rates as enclosures to LOI /PO

3. Special term s and conditions of the Contract

4. Drawings

5. Technical / Material Specifications

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6. Instructions to Bidder

7. General Conditions of Contract

8. Indian Standards

9. Other Applicable Standards

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11. GENERAL PURCHASE CONDITIONS

A) General Purchase Conditions for Indigenous Equipment & Materials

B) General Purchase Conditions for Imports

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HINDUSTAN PETROLEUM CORPORATION LIMITED

GENERAL PURCHASE CONDITIONS

FOR INDIGENOUS EQUIPMENT & MATERIALS

INDEX

1. DEFINITION 2. REFERENCE FOR DOCUMENTATION 3. CONFIRMATION OF ORDER 4. SALES CONDITIONS

5. COMPLETE AGREEMENT 6. INSPECTION-CHECKING-TESTING 7. OFFICIAL INSTITUTIONAL TESTING 8. EXPEDITING 9. WEIGHTS AND MEASUREMENTS

10. DESPATCH INSTRUCTIONS 11. OILS & LUBRICANTS 12. SPARE PARTS 13. PACKING AND MARKING 14. SHIPMENT AND SHIPMENT NOTICES 15. CONTROL REGULATIONS 16. TRANSIT RISK 17. RESPECT FOR DELIVERY DATES 18. DELAYED DELIVERY 19. DELAYS DUE TO FORCE MAJEURE 20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER 22. PRICE 23. TERMS OF PAYMENT 24. INVOICING 25. RECOVERY OF SUMS DUE 26. CHANGES 27. CANCELLATION 28. PATENTS AND ROYALTIES 29. PERFORMANCE GUARANTEE 30. NONWAIVER 31. NON ASSIGNMENT 32. PART ORDER / REPEAT ORDER 33. VENDOR‟S DRAWINGS AND DATA REQUIREMENT 34. TECHNICAL INFORMATION 35. SERVICES OF VENDOR‟S PERSONNEL 36. VENDOR‟S LIABILITY 37. OWNER‟S MATERIAL 38. HEADINGS 39. ARBITRATION 40. JURISDICTION

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1. DEFINITIONS The following expressions used in the Purchase Order shall have meaning indicated against each of these:

The OWNER means Hindustan Petroleum Corporation Limited, a company incorporated in India having its registered office at 17, Jamshedji Tata Road, Mumbai - 400 020, and shall include its successors and assignees. "Goods / Materials": Goods and / or Materials shall mean any of the articles, materials, machinery, equipments, supplies, drawings, data and other property and all services including but not limited to Engineering, delivery, installation, inspection, testing and commissioning specified to complete the order.

"Vendor" Vendor shall mean the person, firm or corporation to whom this purchase Order is issued.

"Contractual Delivery Date": Contractual Delivery date is the date on which goods shall be delivered F.O.R / F.O.T. Despatching Point / destination in accordance with the terms of the Purchase Order. This contractual delivery date / period is inclusive of all the lead time for engineering, procurement of raw materials, manufacturing, inspection, testing packing and any other activity whatsoever required to be accomplished for effecting the delivery at the agreed delivery point.

"Procurement Coordinators / Managers and Consultants,": Owners authorized representatives appointed as Procurement Coordinator / Managers & Consultants'.

"Inspectors": Inspectors deputed by Owner or Procurement Coordinator / Managers & Consultants.

"Project": OPTICAL FIBER BASED THIRD-PARTY INTRUSION DETECTION SYSTEM 'Total Order Value' shall be construed to include only basic rate, exclusive of duties / taxes / freights etc. for the purpose of calculation of :

a) Price reduction on account of delay b) Performance bank Guarantee Amount c) Payment of advance, if any to be made. 2. REFERENCE FOR DOCUMENTATION

Purchase Order number must appear on order continuation, correspondence, drawings, invoices, shipping notes, packings and on any documents or papers connected with the order.

3. CONFIRMATION OF ORDER

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The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of this order and shall thereby confirm his acceptance of this Purchase Order in its entirety without exceptions. The acknowledgment will bear on both purchase order and General Purchase Conditions.

4. SALES CONDITIONS

With Vendor's acceptance of provisions of this Purchase Order, he waives and considers as cancelled any of his general sales conditions.

5. COMPLETE AGREEMENT

The terms and conditions of this Purchase Order shall constitute the entire agreement between the parties hereto. Changes will be binding only if the amendments are made in writing and signed by an authorized representative of the Owner and the Vendor.

6. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order shall be subject to inspection and testing at any time prior to shipment and or despatch and to final inspection within a reasonable time after arrival at the place of delivery. Inspectors shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer‟s shop, at fabricator's shop and at the time of actual despatch before and after completion of packing.

All tests, mechanical and others and particularly those required by codes will be performed at the Vendor's expenses and in accordance with Inspector's instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by any other reputed inspection agencies as may be nominated by the Owner.

The salaries and fees of Inspectors and their travelling, lodging and boarding expenses will not be borne by the Vendor unless inspection becomes infructuous due to any omission or commission on the part of the Vendor. Before shipping or dispatch , the equipment and or materials will have to be checked and stamped by inspectors who are authorized also to forbid the use and despatch of any equipment and / or materials which during tests and inspection fail to comply with the specifications, codes and testing requirements.

The vendor shall inform Procurement Coordinators / Managers at least eight days in advance of the exact place, date and time of rendering the equipment or materials for required inspection. Provide free access to inspectors during normal working hours to Vendor's or his/its sub-Vendor's works and place at their disposal all useful means of performing, checking, marking, testing, inspection and final stamping. Even if the inspections and tests are fully carried out, Vendor would not be absolved to any degree from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per agreement both during construction,

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at the lime of delivery, inspection, on arrival at site and after its erection or start-up and guarantee period as stipulated in tender document. The Vendor's responsibility will not be lessened to any degree due to any comments made by Procurement Coordinators / Managers and Inspectors on the Vendor's drawings or by Inspectors witnessing any chemical or physical tests. In any case, the equipment and materials must be in strict accordance with the Purchase order and/or its attachments failing which the Owner shall have the right to reject the goods and hold the Vendor liable for non-performance of contract.

7. OFFICIAL INSTITUTIONAL TESTING In addition to testing and inspection by Inspectors mentioned above, nominated agencies or similar institutional agencies like Boiler Inspectorate may be assigned for official testing of all coded equipment. The Vendor shall ensure that all Procedures for preparation and performance of tests prescribed by such Institutions shall be completed scrupulously. The Vendor is required to send to such institutions as may be designed by the Owner at least three sets of construction drawings for each equipment and calculations. All manufacturer's mill's tests certificates and analytical reports from material laboratories in respect of all raw materials and components employed shall have to be presented to such institution's Inspectors in the number of copies required. Vendor shall be responsible for any delay in submission of necessary certificates. The Vendor shall maintain close liaison with Procurement Coordinators and Institution's Inspectors to maintain schedule and delay, if any in this process will not be taken into consideration as a cause of Force Majeure.

8. EXPEDITING

Procurement Coordinators / Managers have been assigned to expedite both manufacture and shipment of equipment and materials covered by the Purchase Order. The Procurement Coordinators / Managers shall have free access to Vendor's shop and/or sub suppliers' shop at any time and they shall be provided all the necessary assistance and information to help them perform their job. In order to facilitate over-all execution of the order within the contractual delivery date, Vendor shall furnish to Procurement Coordinators / Managers within 4 weeks of' receipt of Purchase Order the required number of copies of documents such as, but not limited to, schedules/pert charts. Unpriced copies of sub orders / sub-contracts, phased program of item wise manufacturing, testing and delivery and any other information / documentation as may be called for the correspondence procurement co-ordinators / Managers. All post order shall be addressed to the Shri R. Ramesh, Sr. Manager (Operations), HPCL- MPSPL, HPCL Refinery, Mahul, Mumbai Mumbai- 400074 Email:[email protected]

9. WEIGHTS AND MEASUREMENTS

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All weights and measurements recorded by Procurement Coordinators / Managers on receipt of goods at site will be treated as final. Vendor's shipping documents and invoices must contain the following data: I) Unit net weight II) Unit gross weight (packing included) III) Dimensions of packing.

10. DESPATCH INSTRUCTIONS 10.1 Unless otherwise specifically advised in writing, goods shall not be despatched

without prior inspection, testing and Release Order / Materials Acceptance Certificates issued by Inspectors.

10.2 In case despatch by rail is specified in the Purchase Order. Vendor shall exercise

due care and ensure that the consignment shall be booked under appropriate railway classification, failing which, any additional freight incurred by Owner due to Vendor's booking the material under a wrong classification shall be to Vendor's account.

10.3 The goods shall be consigned in the name of consignee, which will be informed in

due course, by the most economical road transport as specified in Purchase Order. Owner‟s warehouse is open to receive Material between 9 AM and 3 P.M on all

working days. No goods will be accepted after 3 PM. 10.4 Owner / Procurement Coordinators / Managers reserve the right to advise any

change in despatching point / destination and / or mode of transport, as may be required.

11. OILS & LUBRICANTS : Deleted

The first filling of oils and lubricant, if any, required for every equipment shall be included in the price and appropriate product manufactured by Hindustan Petroleum Corporation Ltd. shall be used. The Vendor shall also recommend the quality / quantity of oils and lubricants required for one year continuous operation.

12. SPARE PARTS : Deleted

The Vendor must furnish itemised price list of spare parts required for two years operation of the main equipment and prime movers also. The Vendor shall provide the necessary cross Chapteral drawing to identity the spare parts numbers and their location as well as inter-changeability chart.

13. PACKING AND MARKING

All fragile and all exposed parts will be packed with care and the packages shall bear the words: "WITH CARE" both in English and Hindi.

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All nozzles, pipes and all sheets shall be marked with strips bearing progressive numbers. All holes and openings as also all delicate surfaces, shall be carefully protected against bad weather. All threaded fittings shall be greased and provided with plastic caps. All manufactured surface shall be painted with rust proof paint. All small pieces shall be packed in cases. The Vendor shall be held liable for all damages or breakage to the goods due to detective or insufficient packing as well as for corrosion due to insufficient protections.

On three sides of the packages, the following marks shall appear clearly visible and in indelible paint and at Vendor's care and expenses: From : For : Hindustan Petroleum Corporation Limited Destination : Order No. : Rev. No. : Item : Net weight : Case No. : Of total cases: Dimensions :

For every order and every shipment, package must be marked with serial progressive numbering. All packages that require special handling and transport should have their centres of gravity and points at which they may be slung or gripped clearly indicated and marked: "ATTENTION SPECIAL LOAD HANDLE WITH CARE" both in Hindi and English language.

14. SHIPMENT AND SHIPMENT NOTICES

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The Vendor shall make shipment only after prior approval by Inspectors whenever specifically mentioned. In the event of the Vendor having been advised to hold shipment(s) for any reason whatsoever the Vendor shall hold the materials in his/its warehouse for at least 30 days without any compensation; or without prejudice to any reduction in price already accrued on account of delay. Immediately after shipment, Vendor shall inform despatch particulars to Owner / Procurement Coordinators as under

Copy of despatch advice to Shri R. Ramesh, Sr. Manager (Operations), HPCL- MPSPL, HPCL Refinery, Mahul, Mumbai Mumbai- 400074 Email:[email protected] The Vendor shall carefully note the destination of materials. The demurrage or other expenses incurred owing to any negligence, delay, default on the part of the Vendor will be to Vendor's account.

15. CONTROL REGULATIONS

The supply, despatch and delivery of goods shall be arranged by the Vendor in strict conformity with the statutory regulations including provision of Industries (Development and Regulation) Act 1951 and may amendment thereof as applicable from time to time. The Owner disowns any responsibility for any irregularity or contravention of any of the statutory regulations in manufacture or supply of the stores covered by this order.

16. TRANSIT RISK

In case of Indian Bidders Inland Transit Insurance shall be arranged by the Bidder & charges are to be mentioned in the Bid.

17. RESPECT FOR DELIVERY DATES.

Time of delivery as mentioned in the Purchase Order shall be the essence of the contract and no variation shall be permitted except with prior authorization in writing from the Owner. Goods should be delivered securely packed and in good order and condition at the place and within the time specified in the Purchase Order for their delivery. Where no delivery period is expressly stated, it shall be construed as seven days from the date of placing the order. The Owner reserves the right to defer the period of delivery in writing. Where no delivery is expressly stated, it shall be construed as seven days (from the date of LOI).

18. DELAYED DELIVERY

The time and date of delivery of stores / materials / equipment as stipulated in the order shall be deemed to be the essence of contract. In case of delay in execution

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of the order beyond the' date of delivery as stipulated in the order or any extension sanctioned, the Owner may at his option either:

i) Accept delayed delivery at prices reduced by a sum equivalent to ONE HALF OF

ONE percent (1/2%) of the value of any goods not delivered for every week of delay or part thereof, limited to a maximum of 5% OF TOTAL ORDER VALUE, or

ii) Cancel the order in part or full and purchase such cancelled quantities from

elsewhere on account and at the risk of Vendor, without prejudice to its rights under (i) above in respect of goods delivered.

19. DELAYS DUE TO FORCE MAJEURE

In the event of causes of Force Majeure occurring within the agreed delivery terms, the delivery dates can be extended by the Owner on receipt of application from the Vendor without imposition of Price Reduction for Delay. Only those causes which depend on natural calamities, civil wars and national strikes which have a duration of more than seven consecutive calendar days are considered the causes of force majeure. Causes like strikes / lockout at Vendor's works for more than ten consecutive days and Government Act such as major power cut for a consecutive minimum period of 30 days and other direct legislative enforcement, shall also constitute Force Majeure.

The Vendor must advise the Owner and Procurement Coordinator / Managers by Registered letter duly certified by local Chamber of Commerce or statutory authorities, the beginning and the end of the cause of delay immediately, but in no case later than 10 days from the beginning and end of such cause of Force Majeure condition as defined above.

20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by Inspectors reveal the equipment, material and workmanship do not comply with specification and requirements, the same shall he removed by the Vendor at his its own expense and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose of such rejected goods in such manner as may think appropriate. In the event, the Vendor fails to remove the rejected goods within the period as aforesaid, all expenses incurred by the Owner for such disposal shall be to the account of the Vendor. The freight paid by the Owner, if any, on the inward journey of the rejected materials shall be reimbursed by the Vendor to the Owner before the rejected materials are removed by the Vendor.

The Vendor will have to proceed with the replacement of that equipment or part of equipment without claiming any extra payment if so required by the Owner. The time taken for replacement in such event will not be added to the contractual delivery period.

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER

The transfer of property shall be deemed to have taken place as follows subject to the provisions herein contained:

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21.1 F.O.R. or F.O.T dispatch point: On handing over the equipment to the carrier against receipt and such receipt having been passed over to the Owner.

21.2 FOR destination station: On taking delivery from the transporters / railways at the

destination station. 21.3 Equipment sent freight carriage paid to the project Site: On arrival under lifting hook

at the job site. 21.4 Equipment erected by the Vendor on temporary acceptance at job site. 21.5 Equipment commissioned by the Vendor: On taking over by the Owner for regular

operation after test runs at maximum capacity for specified period satisfactorily performed.

22. PRICE Unless otherwise agreed to in the terms of the Purchase Order the price shall be : (a) Firm and not subject to escalation for any reason whatsoever till the execution of

entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order.

b) Inclusive of adequate road / railworthy packing and forwarding charges up to

effecting delivery at F.O.R F.O.T. despatch point in all cases and road / railway freight whenever F.O.R / F.O.T. destination delivery terms are agreed to but exclusive of transit insurance.

Exclusive of Central / State sales Tax, Excise Duly and or such imposts which are

leviable by law on sale of finished goods to owner and / or Octroi duty if any leviable at destination project site. The nature and extent of such levies shall be shown separately.

23. TERMS OF PAYMENT 23.1 Payment against invoice shall be made on receipt of equipment / materials at site

against submission of following documents along with your Bill / Invoice:

i) Delivery Challan / Lorry Receipt ii) Manufacturer's Test Certificate iii) Third Party inspection / Clearance report Iv) Manufacture's Guarantee Certificate v) Performance Bank Guarantee for 10% Basic Order Value vi) Any other document specified in the Purchase Order.

The financial settlement of Vendor's invoice is liable to be withheld in the event the Vendor has not complied with submission of drawing data and such documentation as called for in Purchase Order and / or as required otherwise.

23.2 Payment :- Payment shall be made in accordance with the clause 10.7 of Chapter 10

tender document .

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24. INVOICING

Invoices and other documents such as TR/RR/GC note, delivery challan etc. shall be sent as hereunder:

Billing will be done in the name of MPSPL. The Vendor will submit the bills in

quadruplicate to the concerned project in-charge. in accordance with the clause 10.7 of Chapter 10 tender document

25. RECOVERY OF SUMS DUE

Whenever any claim against the Vendor for payment of a sum of money arises out of or under tile contract, the Owner shall be entitled to recover such sums from any sum them due or which at any time thereafter may become due from the Vendor under this or any other contract with the Owner and should this sum be not sufficient to cover tile recoverable amount, tile Vendor shall pay to the Owner on demand tile balance remaining due.

26. CHANGES

The Owner has the option at any time to make changes in quantities ordered or in specification and drawings. If such changes cause an increase or decrease in the price or in the time required for supply, an equitable adjustment under this provision must be finalised within 10 days from the date when change is ordered.

27. CANCELLATION:

The Owner reserves the right to cancel this Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if, (i) The Vendor fails to comply with the terms of this Purchase Order. (ii) The Vendor fails to deliver the goods on time and or replace the Rejected goods promptly. (iii) The Vendor becomes bankrupt or goes into liquidation. (iv) The Vendor makes a general assignment for the benefit of creditors. (v) A receiver is appointed for any of the property owned by the Vendor. Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on the Purchase Order and matters connected with it.

The Owner in that event will be entitled to procure the requirement in the Open market and recover the excess payment over the Vendor's agreed price, if any, from the Vendor, reserving to itself the right to forfeit the security deposit, if any made by the Vendor against the contract.

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The Vendor is aware that the said goods are required by the Owner for the ultimate purpose of materials production and that non delivery may cause loss of production and consequently loss of profit to the Owner, In the event of the Owner exercising the option to claim damages for non-delivery other than by way of difference between the market price and the contract price, the Vendor shall pay to the Owner the fair compensation to be agreed upon between the Owner and the Vendor. The provision of this clause shall not prejudice the right of tile Owner from invoking the provisions of clause' Delayed Delivery as aforesaid.

28. PATENTS AND ROYALTIES

On acceptance of this order, the Vendor will be deemed to have entirely indemnified the Owner and Procurement Coordinators/Managers from any legal action or claims regarding compensation for breach of any patent rights.

29. PERFORMANCE GUARANTEE

The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance withl characteristics, requirements and specifications agreed upon and that the same shall be free from any defects. Checking of Vendor's drawings by Procurement Coordinators/Managers and their approval and permission to ship or despatch the equipment and materials, granted by inspectors shall not relieve the Vendor of any part of his/its responsibilities of proper fulfillment of the requirements. The Vendor will guarantee that all materials and equipment shall be repaired or replaced as the case may be at his own expense in case tile same have been found to be defective in respect of materials, workmanship or smooth and rated operation within a period of 12 months after the same have been put in service or 24 months from the date of shipment whichever is earlier. The guarantee period for the replacement part shall be twelve months starting from the date on which the replacements are put in service. Acceptance by the Owner or Inspectors of any equipment and materials or their replacement will not relieve the Vendor of his/its responsibility concerning tile above guarantees. The Vendor shall furnish a bank guarantee (as per proforma hereunder) to support Vendor's performance along with documents for the first consignment. This bank guarantee shall remain in force for the entire period covered by tile performance guarantee.

The Vendor shall furnish a single bank guarantee (as per proforma enclosed) to support Vendor's performance along with documents for the first consignment. This bank guarantee shall remain in force for the entire period covered by the performance bank guarantee. Multiple Bank Guarantees shall not be acceptable. In case of multiple deliveries/consignments, 10% Bank Guarantees shall have to be given along with the first supply/invoice, failing which the amounts will be retained in cash towards the above from running bills and will be refunded to the party upon submission of Performance Bank Guarantee with the final payment, submission of Bank Guarantees in intervening period will not be permitted. Multiple BG shall not be acceptable.

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30. NON WAIVER

Failure of the Owner/Procurement Coordinators/consultants to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any right or remedies or by law or failure to properly notify Vendor in the event of breach, or the acceptance of, or payment of any goods hereunder or approval of design shall not release tile Vendor and shall not be deemed a waiver of any right of the owner or procurement Coordinators / Managers to insist upon the strict performance thereof or of any of his or their rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by Procurement Coordinators / Managers act as waiver of tile terms hereof.

31. NON ASSIGNMENT

The Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of Owner.

32. PART ORDER / REPEAT ORDER

Vendor hereby agrees to accept part orders at Owner's option without any limitation whatsoever and also accept repeat order during a period of one year from the date of issuance of Original order at the same unit prices, terms and conditions,

33. VENDOR'S DRAWINGS AND DATA REQUIREMENT :

The Vendor shall submit drawings, data and documentation in accordance with but not limited to what is specified in the requisition and / or in Vendor drawings and data form attached to the Purchase Order as called for in clause 8, viz, 'Expediting' above. The types, quantities and time limits of submitting this must be respected in its entirety failing Which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order execution.

34. TECHNICAL INFORMATION

Drawings, specifications & details shall be the property of the Owner and shall be returned by the Vendor on demand. The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of the Owner. The Vendor shall not disclose the technical information furnished to or gained by the Vendor under or by virtue or as a result of the implementation of this Purchase Order to any person, firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the Vendor by the Owner shall at all times remain the absolute Property of the Owner.

35. SERVICES OF VENDOR'S PERSONNEL

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Upon two weeks advance notice, the Vendor shall depute the necessary personnel to site for supervision of erection and start up of the equipment and train few of the Owner's personnel for the operation and maintenance of the equipment if required, by the Owner. The terms and conditions for the services of the Vendor shall be mutually settled.

36. VENDOR'S LIABILITY

The Vendor's workmen or employees shall under no circumstances be deemed to be in Owner's employment and the Vendor shall hold himself responsible for any claim or claims which they or their heirs. dependents, personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by this Purchase Order. whether arising on Owner premises or elsewhere and agrees to indemnify the Owner against any such claim or claims if made against the Owner and all cost ( between attorney and client) of proceedings, suits or action which the Owner may incur / sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost comprehensive Automobile Liability insurance for adequate. coverage in respect of all his vehicles visiting or plying in project premises. The Vendor shall also be responsible for compliance of existing laws in respect of their workman and employees.

37. OWNER'S MATERIAL (a) Owner's material shall be delivered to the Vendor against submission of Bank

Guarantee for indemnifying the full value there of strictly in the manner and as per proforma of bank Guarantee approved by the Owner.

(b) Wherever possible the material shall be consigned to Vendor's siding. In the event

the Vendor does not have any siding, materials shall be consigned to the Public siding/goods depot to be specifically confirmed by Vendor Loading / Unloading and any handling from the siding/destination shall be arranged by the Vendor at his responsibility and cost

(c) The Vendor shall give a firm and binding list of Owner issue materials and the

desired schedule of its delivery to Shop floor strictly in accordance with the sequence of fabrication vis-a-vis the contract delivery period.

(d) Unused material or scrap from material supplied by the Owner to the Vendor shall be

returned by the Vendor to the Owner or if the owner so directs, the Vendor may dispose of the same by sale or otherwise on such terms and conditions as the Owner may stipulate and the Vendor shall pay to the owner the sale proceeds of the material so disposed by sale deducting there from expenses incurred by the Vendor on such sale, the quantum of such deduction to be mutually agreed upon in advance between the Owner and the Vendor.

38. HEADINGS The headings of the conditions hereof shall not affect construction thereof:

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39. ARBITRATION :

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

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

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

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

5) The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement. 6) The work under the Contract shall, however, continue during the Arbitration proceedings

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and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

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

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

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

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

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

12) Resolution of dispute or differences between Indian Public Sector

Enterprises/ Government Departments : If the supplier is a Public Sector Enterprise in India, the procedure detailed in Clause 39, for resolution of dispute or differences between the Owner and Supplier, shall stand amended as per the directions of the Government of India given in their memorandum OM No. 15/9/86-BPE (FIN) dt. 30/03/1989, subject to both Owner & Supplier remaining Public Sector Enterprises in India and the directions of Government of India‟s office memorandum OM No. 15/9/86-BPE (FIN) dt. 30/03/1989 given in this regard remaining effective the date of Owner‟s Acceptance of Work.

40. JURISDICTION

The Vendor hereby agrees that the Courts, situated in Mumbai alone shall have the jurisdiction to hear and determine all actions and proceedings arising out of this contract.

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HINDUSTAN PETROLEUM CORPORATION LIMITED

GENERAL PURCHASE CONDITIONS

FOR IMPORTS

INDEX

1. DEFINITIONS 2. PRICES

3. PAYMENT TERMS

4. REPEAT ORDER

5. VENDOR'S SALES CONDITIONS

6. IMPORT LICENCE . 7. DELIVERY & DELAYS 8. DELAYS AND NON CONFORMANCE 9. INSPECTION-GHECK- TESTING'

10. REVISIONS CHANGES AND CANCELLATION 11. WARRANTEES GUARANTEES 12. NON-ASSIGNMENT

13. PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS 14. SUBSTITUTION AND WRONG SUPPLIES

15. ARBITRATION

16. PACKING

17. MARKING

18. SHIPPING

19. DOCUMENTATION

20. SHIPPING ADVICE

21. TECHNICAL INFORMATION

22. ADDRESSES

23. GENERAL

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1.0 . DEFINITION :

1.1 Purchaser : Purchaser means HPC Ltd. having registered office at 17 Jamshedji Tata

Road, Mumbai - 400 020. The term purchaser includes successors and assigns of HPCL.

1.2 Vendor : Vendor means the person, firm of corporation to which this purchase order is

addressed. The terms Vendor includes its successors and assigns. 1.3 Goods: Goods means the articles. materials, supplies. drawings, data and other

property and all services, including design, delivery installation, inspection testing and commissioning specified to required to complete this purchase order.

2.0 PRICES: 2.1 Firm Price : Vendor shall confirm that quoted prices shall be firm and subject to on

escalation whatsoever, till complete of order. 2.2 Transit Insurance: Prices Quoted shall exclude transit insurance-charges from F.O.B

port of shipment or by Air as the same shall be arranged by the PURCHASER. All transit insurance charges for inland transit upto FOB Port of Shipment or airport should be included by the vendor in their prices.

2.3 Bank Charges/ Stamp Duties/ Taxes :

(i) All Bank Charges and Stamp Duties payable in supplier‟s country in connection with the payments to be made under this Purchase order shall be borne by the Vendor. All Bank charges and Stamp Duties payable in India shall be borne by the Purchaser

(ii) All taxes, duties and levies of any kind that may be payable upto the stage of putting the material in FOB position shall be borne by the Vendor.

(iii) All taxes and duties payable in India on the materials shall be payable by the Purchaser.

(iv) In case of amendments to LC arising out of supplier requirement / default , all charges shall be borne by Supplier.

3.0 PAYMENT TERMS: Payment shall be made in accordance with the clause 7.2.6 of

Chapter 7 tender document

4.0 REPEAT ORDER:

For any Items ordered on the Vendor the Purchaser can place repeat orders for any additional quantity not exceeding the quantity of the original purchase order within a period of one year from the date of the original order at the same prices, terms and conditions.

5.0 VENDOR'S SALES CONDITIONS:

Vendor's standard sales conditions, If any, shall not be applicable to the offer and only the Purchaser's “General Purchase Conditions” shall apply with the exception deviations specifically agreed between the vendor and the Purchaser and brought out in the Purchase Order.

6.0 IMPORT LICENCE:

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Relevant particulars of the Import license / Import policy shall be duly indicated In the shipping documents and Invoice.

7.0 DELIVERY & DELAYS : 7.1 Contractual Delivery Date: Contractual delivery date is the date in which goods shall be

delivered FOB Port of shipment In accordance with purchase order. 7.2 Respect for Delivery Date: Time of Delivery as mentioned In Purchase order shall be

the essence of the contract and no variation shall be permitted, except with the prior authorization in writing from the purchaser.

7.3 Price Reduction Schedule for Delayed Delivery : In the event of Delay on the part of the vendor in effecting deliveries as agreed

contractually, it will be at purchaser's discretion to levy a reduction in price for delayed deliveries @ ½ % of total order value per week of delay or part there of subject to a maximum of 5% of the Total Order Value.

7.4 Causes of Force Majeure: Delivery dates will be extended to the Vendor without being

subject to clause “Price Reduction Schedule for Delayed Deliveries”, in the event of cause of force majeure within the Contractual delivery periods; only the following will be considered causes of force majeure:

Acts of God (like earthquakes, floods, storms, etc.) act of States, the direct and

Indirect consequence of Wars (declared or undeclared) hostilities, national emergencies, civil commotions and strikes (only those Vendor's complete factor). The Vendor shall immediately Inform the Purchaser by registered and detailed letter supported by documentary proof at the beginning and end of all such Impediments. It Is understood that delivery dates will be extended only for the duration of the above mentioned impediments.

8.0 DELAYS AND NON-CONFORMANCE:

In case of Delivery schedule not being adhered to in progressing the manufacture of supply the Purchaser has the right to :

(i) Cancel the order wholly or in part-without any liability to Cancellation charges and procure the goods elsewhere, In which case Vendor shall make good the difference between the cost of goods procured elsewhere and price set forth in the order with the Vendor.

(ii) Hire for the period of delay goods meeting the specifications from elsewhere at Vendor's cost.

In the event of rejection of non-conforming goods, the Vendor shall be allowed to correct the non-conformities without extension in delivery period. If vendor fails to do so within the stipulated time, the Purchaser shall have the right to recover actual expenses incurred by Purchaser in installing and removing the non-conforming

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goods. This shall not prejudice the right of the Purchaser for invoking the provisions of clause 7.3 on price reduction for delayed deliveries as aforesaid.

9.0 INSPECTION - CHECK -TESTING :

The materials or workmanship covered by the Purchase Orders are subject to inspection and testing at any time prior to shipment and/or Despatch and to final inspection within a reasonable time after arrival at site. The materials shall be subject to INSPECTION by Agencies as mentioned in the requisition and the Vendor shall also bear the expenses concerning preparation and rendering of tests required by such agencies nominated or Boiler Inspectorate or such other Statutory testing agencies or by Lloyds Register of Shipping as may be required.

10.0 REVISIONS CHANGES AND CANCELLATION :

The Purchaser may make any revisions or changes in Purchase Order including additions from the quantities ordered. The effect of such changes on prices, delivery period and/or other terms and conditions may be settled through mutual agreement. Claim for adjustment must be made within 15 days of revision, cancellation being conveyed to the Vendor. The Purchaser may terminate the order at any time if the Vendor does not adhere to or all agreed terms and conditions. In such case the Purchaser has the option to buy complete or incomplete components with or without verification/Inspection at mutually agreed prices.

11.0 WARRANTEES/GUARANTEES : The Vendor shall warrant that the goods shall give required operational performance, shall be suitable for the service intended and be of the Quality or the best grade in case no quality is specified.

The goods shall be guaranteed against any defects in design, materials, workmanship and performance for a period of 24 months from the date of shipment or 12 months from the date of commissioning whichever is earlier. Should any defects develop within the Guarantee/Warrantee period, the same shall be remedied or the goods shall be replaced free of charge. All expenses incurred including those on transportation, shall be borne by the Vendor.

12.0 NON-ASSIGNMENT:

Any assignment of this Purchase Order or of any of the rights hereunder In any manner or under any certificates by operation of the law or otherwise shall be void without prior written consent at the Purchaser.

13.0 PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS :

Vendor shall protect and fully indemnify the purchaser from any claims for infringement of patents, copy right, trade make or the like.

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Vendor shall also protect and fully indemnify the Purchaser from any claims from Vendor's Work men employees, their heirs, dependents, representatives etc. or from any other person/persons or bodies/companies etc. for any act of commission or omission while executing the order. Vendor shall be responsible for compliance with all requirements under the laws and shall protect and indemnify completely the Purchaser from any claim/ penalties arising out of any infringements.

14.0 SUBSTITUTION AND WRONG SUPPLIES

Unauthorized substitution or materials delivered in error or of wrong description or quality or supplied in excess quantity or rejected goods shall be returned to the Vendor at the Vendors cost and risk.

15.0 ARBITRATION:

1. Disputes or difference arising out of or in relation to this agreement shall be settled by Arbitration in India. The arbitration shall be by a Sole Arbitrator appointed by HPCL. The Sole Arbitrator will adjudicate the disputes and differences between the parties except those in respect of which the decision of any person is by the agreement expressed to be final and binding.

2. In the event of the Sole Arbitrator to whom the matter is originally referred to, is

unable to act or he/she vacates the office, HPCL, shall nominate another Sole Arbitrator to settle the said disputes and differences.

3. The second Sole Arbitrator shall be entitled to proceed with the arbitration from the

stage at which it was left by his/her predecessor.

4. The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreement subject to the provisions of the # Arbitration & Conciliation Act, 1996, as in force in India and the rules made thereunder and for the time being in force. This agreement shall be covered by the laws of India.

5. The award shall be made in writing and shall be published by the Sole Arbitrator

within six months after entering upon reference or within such further time mutually extended by the parties. The Sole Arbitrator shall have power to order and direct the parties to abide by, observe and perform such directions as the Sole Arbitrator may think fit and proper to issue having regard to the fact that the arbitration proceedings have to be completed within the specified period solely on the principles of Natural Justice.

6. The Sole Arbitrator shall be at liberty to appoint, if so necessary, any Accountant or

Engineer or other person to assist him/her and act by the opinion so taken.

7. The Sole Arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the disputes and differences, and in particular, shall make separate awards in respect of each claim or cross claim of the parties.

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8. The Sole Arbitrator shall be entitled to direct any of the parties to pay the cost of arbitration in such a manner and to such an extent as the Sole Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportions to meet the arbitration expenses. The parties to arbitration, whenever called upon to do so, shall be bound to comply with such directions without any demur.

9. Notwithstanding anything contained to any other law, the parties hereby agree that

the courts in the city of Mumbai alone shall have jurisdiction in respect of all or anything arising under this agreement and any award(s) made by the Sole Arbitrator hereunder shall be filed in the court in the city of Mumbai only.

16.0 PACKING : 16.1 Packing should be capable to withstand rough sea weather for a minimum period of 4

to 6 months and should be commensurate with best commercial export practices. AII packaging shall be done in such a manner as to reduce volume as much as possible. Fragile articles should be adequately packed with special packing materials depending on type of materials.

16.2 All delicate surface on equipment material should be carefully protected and painted

with protective paint compound and wrapped to prevent rusting and damage. 16.3 All mechanical and electrical equipment and other heavy articles should be securely

fastened to the bottom of the case and shall be blocked and braced to prevent movement.

16.4 Attachments and spare parts of equipments and all small pieces shall be packed

separately in wooden Cases with adequate protection inside the case and wherever possible should be sent along with the main equipment. Each item shall be tagged so as to identify it with the main equipment and part number and reference number shall be indicated.

16.5 All protrusions shall be suitably protected and opening shall be blocked by wooden

covers. ' 16.6 Wherever required equipment/materials shall be packed in polythlene bags and

silicagel or similar dehydrating compound shall be put inside the bags to protect them.

16.7 Pipes/ tubes made of stainless steel, copper etc. shall be packed in wooden cases Irrespective of sizes.

16.8 The supplier shall be held liable for all damages or breakages to the goods due-to the

defective or insufficient packing as well as for corrosion due to insufficient packing. 16.9 Detailed packing list in water proof envelope shall be inserted in each package

together with equipment/materials. One copy of “Detailed Packing List", shall be fastened outside of the package in water proof envelope and covered by metal cover.

17.0 MARKING

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17.1 Each package shall be marked on three sides, with proper paint/indelible water proof inks as follows:

HINDUSTAN PETROLEUM CORPORATION LTD. , PURCHASE ORDER NO ...................................................................... ………….

NET WEIGHT ……………………… KGS.GR. WT ………………. KGS DIMENSIONS ......................................... X……. ............ X ....................... CMS PACKAGE NO. (SI. No. of total packages)

TAG/ITEM NO ....................……………………… ..... ..........

COUNTRY OF ORIGIN .....................................................................

SHIPPER'S NAME ....................................................................................... ........

17.2 Additional marking such as 'handle with care' 'this side up' 'fragile' or any other

additional Indications for protection and safe handling shall be added depending on the type of materials. All cases will have warning signs on the outside denoting 'Centre of Gravity' and 'Sling Mark'.

17.3 Letters, figures, marks etc. used for marking shall be stenciled printed. Handwriting

should be avoided as far as possible. Size of letter shall be optimum for each package dimensions.

17.4. In case of Bundle or other packages wherever marking cannot be stenciled the

same shall be embossed on metal or similar tag and Wired securely at minimum two convenient points.

18.0 SHIPPING:

18.1 The shipping arrangement will be made in consultation with the Secretary, Shipping

Co-ordination committee. Ministry of Shipping and Transport (cable Transport, New Delhi. Telex Vahan ND 2312) through their forwarding agent as under to whom notice of no less six weeks about the readiness of each cargo for shipment should be given for finalizing the shipping arrangements. . .

"Shipping arrangements will be made by the shipping Co-ordination and Chartering Division, Ministry of shipping and Transport, New Delhi through their respective, Forwarding Agents Nominees as mentioned below to whom adequate notice of not less than six weeks/about the readiness of cargo for shipment should be given by the sellers from time to time for final/sing the shipping arrangements.

Area Forwarding Agents/Nominee

Shall be provided by HPCL

18.2 All shipment of materials shall be made by direct vessels.

All shipments of shall be under deck unless carriage on deck is unavoidable.

19.0 DOCUMENTATION

19.1 The documents shall be in English Language.

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19.2 Documents required before shipment:

Seventy five (75) days before the contractual delivery date, proforma, packing lists and sketches of over dimensioned cargo shall be air mailed as follows:

H.P.C.L. Mumbai 2 COPIES HPCL Site Office 2 COPIES The over dimension cargo shall mean any package exceeding any of the following

limits Weight 20 MT Length 13.719 Meters Width 2.997 Meters Height 2.743 Meters

19.3 Documents required after shipment: The supplier shall air-mail the shipping documents stated here in below as quickly as

possible after the shipment has been made so that the same are received at least two weeks prior to the arrival of vessel at destination port. The supplier shall be fully responsible for any delay and/or demurrage that may become payable at destination port on account of delay transmittal of shipping documents.

Copy of Documents HPCL HPCL ND SITE

(a) Bill of lading 4 2 (b) Commercial Invoice 4 2

(c) Detailed Packing list 4 2

(d) Freight Memo 2 2

(e) Test Certificate 2 2

(f) Certificated of Origin 2 2

(g) Certificate of Measurement & Weight 2 2

(h) Catalogue and/or drawing 1 1

(i) Payment Certificate 2 2

(amount received by vendor)

Note: In addition to above, complete set of documents are required to be sent to (Purchaser) through bank in terms of Letter of Credit

19.4 Bill of lading: Bill of Lading shall be 'Clean on Board', Ocean Bill of Lading should be made In

favour of HPCL , Hindustan Bhawan, Mumbai 400001 order and the notify column

should Indicate HPCL

Commercial Invoice : . Commercial Invoice shall, inter alia indicate (i) Purchase Order No. (ii) Import Licence

Policy numbers and (iii) Country of Origin. Besides, the cases in the voice shall be in conformity with order.

19.6 Packing List:

Packing List must show apart from other particulars actual contents in each case, net

and gross weights and dimensions and the total numbers of packages.

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20.0 SHIPPING ADVICE:

Within 24 hours after shipment, the supplier shall send shipping advice giving Particulars of the shipment, Vessel's Name, Port of shipment, Bill of Lading number and date, contents in brief, Purchase Order number, Total F.O.B., Insurance and Freight Values, number of packages and total gross weight by way of Fax / Telex to : Shri R. Ramesh, Sr. Manager (Operations), HPCL- MPSPL, HPCL Refinery, Mahul, Mumbai Mumbai- 400074 Email:[email protected]

21.0 TECHNICAL INFORMATION :.-

Drawings, specifications, and details shall be the property of the purchaser and shall be returned by the vendor on demand. The vendor shall not make use of drawings and specifications for any purpose at any time save and except for the purpose of the purchaser. The vendor shall not disclose the technical information. furnished to or gained by the vendor under or by virtue of or as a result of the implementation of this purchase order to any person, firm or body or Corporate authority and shall make all endeavours to ensure that technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the vendor by the Purchaser shall at all times remain the absolute property of purchaser.

22.0 Deleted

23.0 GENERAL: 1. EFFECT AND VALIDITY OF OFFER:

The submission of any bid with connected documents and specification contained under ‟s request for quotation shall constitute a bid and the vendor shall have no cause for action or claim against the consultant / purchaser for rejection of his Bid. The consultant / purchaser shall always be at liberty to accept or reject any or all bids at their sole discretion and any such action will not be called into question and the vendor shall have no claim in this regard against consultant / purchaser The bid should be kept valid for acceptance for a period of 6 months from the bid due date or any extended due date as the case may be.

2. PART ORDER:

Seller hereby agrees to accept part orders at owners option without any limitation whatsoever however individual quantity will not be split unless otherwise specified. All lump sum charges quoted by the vendor will be calculated on pro rata basis in case of part order.

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3. WEIGHTS & MEASUREMENT:

All weights and measurement recorded by the purchaser on receipt of goods at site shall be treated as final.

4. SELLERS DRAWING & DATA REQUIREMENT:

The submission by the seller to the consultant / purchaser of drawing, data and documentation is an integral part of the order. The quantities and time limit for submitting these documents by the seller are specified in the attachment. These quantities and the time limits must be respected, failing which the order will not be deemed to have been duly executed. All purposes the purchaser reserve the right to withhold and / or deduct from any payments due to the seller.

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12. SPECIAL CONDITIONS OF PURCHASE

INDEX

ARTICLE SR. NO. DESCRIPTION

1.0 BRIEF SCOPE OF WORK

2.0 BID PRICES

3.0 DELIVERY PERIOD

4.0 BID SECURITY

5.0 CONTRACT PERFORMANCE BANK

GUARANTEE

6.0 PRICE REDUCTION FOR DELAY IN DELIVERY

7.0 INSURANCE

8.0 PAYMENT TERMS

9.0 RECOVERY IN CASE OF FAILURE OF PIPES

10.0 REPEAT ORDER

11.0 LIABILITY CLAUSE

12.0 DEFINITIONS / NOTES

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SPECIAL CONDITIONS OF PURCHASE

The following articles shall supplement the instructions to Bidders and General Purchase Conditions. In case of any conflict between General Purchase Conditions and Special Conditions of Purchase, the latter shall prevail to the extent applicable. 1.0 BRIEF SCOPE OF WORK Bidder‟s scope of supplies shall be in strict compliance with the enclosed Material

Requisition. 2.0 BID PRICES 2.1 Prices shall be furnished strictly in the appropriate price Schedule format enclosed

with the bid document 2.2 Quoted prices for supply/ services shall remain firm and fixed till complete execution

of order. 2.3 Quoted prices shall be inclusive of all testing and inspection requirements as specified

in the bid document. 2.4 DELETED

2.5 Quoted prices must be net of discount, if any. 2.6 DELETED 2.7 DOMESTIC (INDIAN) BIDDERS :

2.7.1 Domestic Bidders shall quote their prices in Indian Rupees only. 2.7.2 Domestic Bidders shall quote prices on FOT Despatch Point basis including packing

and forwarding charges. Firm freight charges shall be quoted from Bidder‟s dispatch point to the destination(s).

2.7.3 In case domestic Bidder‟s bid is based on certain imported raw materials/components

required for manufacture of offered goods, such Bidder shall furnish his prices based on the MERIT RATE of customs duty only

Note: Bidder has the option not to seek variation on account of customs duty on

their built in import component and in case bidder opts for this, the same shall be clearly highlighted in the offer.

2.7.4 Bidder shall furnish the quantum of imports involved for imports of necessary raw materials and components giving CIF value of imports considered and included in quoted FOT dispatch point prices.

2.7.8 In case of bidder‟s proposal on the basis of Merit Rate of Customs Duty for their

built-in import content, bidder shall ascertain the applicable merit rate(s) of Customs

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duty, and shall be solely responsible towards applicability and correctness of such rates.

2.7.9 The bidder is required to check the applicability of Customs duty, CVD, Education

Cess etc. 2.7.10 Any foreign exchange rate variation on the actual CIF value of import content shall

be to Bidder‟s account and owner shall bear no responsibility whatsoever. 2.7.10.1In the event raw materials/component‟s procurement is delayed beyond 2/3rd of the contractual delivery Schedule (as per Chapter-6), customs duty rate prevailing on the last date of 2/3rd of such contractual delivery Schedule, or actuals, whichever is lower shall be taken as the base for payment of variation on these accounts. 2.7.12 Customs duty variation on CIF content as referred above shall be payable on

documentary evidence like Bill of Entry, Bank advice etc. Or any other document as sought by HPCL shall be submitted by the bidder along with each invoice for such adjustment.

2.7.13 Any statutory variation in the rate of customs duty on the date of actual imports on

the actual CIF value of import content up to 2/3rd of the contractual delivery date, but subject to maximum of such duty payable on quoted CIF value, shall be to Owner‟s account. However, any increase in the rate of customs duty beyond 2/3rd of the contractual delivery period shall be to Bidder‟s account and any decrease shall be passed on to Owner. No variation in CVD shall be payable by Owner.

2.7.14 It is the responsibility of Bidder to take into consideration the applicable rates for

Customs duty, CVD, Education Cess etc. and indicate rates considered along with the customs classification.

2.7.15 In case, there is no Import Content in the quoted prices, Bidders to mention "NA" (Not Applicable) in the relevant columns of Price Schedule format).

2.8 FOREIGN BIDDERS 2.8.1 Foreign Bidder shall quote their prices in US Dollars OR in the Currency of Country

of Origin. For component of services (Supervision of Installation & Commissioning) to be rendered in India, Bidder shall quote in Indian rupees only. The Indian component of prices shall be inclusive of all Indian Taxes, duties, levies, etc. and also no taxes, duties, levies and /or any variation thereof shall be payable by the owner. It will be the responsibility of the bidder to pay applicable service tax to Government of India (GOI) as per prevailing rates. HPCL shall deduct applicable taxes and deposit the same to the concerned departments of the GOI before making payment to the successful bidder. Certificate for such statutory deductions shall be provided to the successful bidder.

2.8.2 Ocean Transportation:

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2.8.2.1 In case of FOB Contracts, the shipping arrangements shall be made through the nominated agents of Ministry of Surface Transport (Govt. of India) in accordance with clause 18.0 of enclosed “General Purchase Conditions for Imports”.

2.8.2.2 However, in case of CIF Contracts, no such restriction for shipment

shall apply and arrangements for shipment can be made through any reputed shipping company by first class direct vessels approved by Lloyds or any other such Agency applicable in the country of shipment.

2.8.2.3 Foreign Bidders shall quote their prices for Ocean transportation and

Marine Insurance to Indian Ports of Entry- Navashava (JNPT-Jawaharlal Nehru Port Trust) Port.

2.8.2.4 Owner reserves the right to place the order on FOB /CFR/ CIF basis.

Owner may initially place order on FOB basis and the order may be converted to CFR/CIF basis within three months from the date of Fax Of Intent. Accordingly, Bidders quoted prices for ocean transportation and Marine Insurance shall remain valid upto 3 months from the date of Fax of Intent.

2.8.2.5 All shipments shall be under deck only.

2.9 TAXES & DUTIES: 2.9.1 Domestic (Indian Bidders):

2.9.1.1 Domestic Bidder‟s quoted prices shall be inclusive of all taxes, duties,

cess, levies etc., paid or payable on the raw material/components incorporated or to be incorporated in the offered finished goods, packing and forwarding charges, Third Party Inspection but excluding applicable taxes and duties on finished goods.

2.9.1.2 Bidder shall furnish the present rate(s) of Excise Duty, Education Cess

and sales tax /VAT (without Concessional Form applicable) and payable on quoted finished goods. The Excise duty amount shall be reimbursed to seller only against receipt of cenvatable copy of Excise Invoice.

2.9.1.3 The statutory variation in Excise duty, Education Cess and Sales tax /

VAT on finished goods and introduction of new tax, from bid due date till the contractual completion period shall be to Purchaser‟s account against submission of the documentary evidence. However, any increase in the rate of these taxes and duties beyond the contractual delivery period shall be to Seller‟s account. Any decrease in the rate of these taxes and duties shall be passed on to the Purchaser.

2.9.1.4 It is for the Bidder to assess and ascertain the rate of excise duty,

education Cess and sales tax/VAT applicable on quoted items. It is clearly understood that Owner will not have any additional liability

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towards payment of Excise Duty, Education Cess and Sales Tax/VAT which is based on Bidder's wrong assessment / interpretation of applicability of such Excise Duty and/or education cess and / or Sales Tax/VAT.

2.9.1.5 For Services such as Site supervision during installation, assistance to

commissioning activities, bidder‟s quoted prices shall be inclusive of Works Contract (WCT) and/or service tax as applicable, till complete execution of the Order/ Contract, and Owner shall not have any liability, whatsoever on this account. Variation, for any reason including statutory will be to vendor‟s account. Bidder shall furnish the total amount of Service Tax included in the quoted price. Bidder shall also ensure that the invoice(s) shows the service tax component separately and is issued in accordance with Service Tax Rules.

Octroi/Entry tax, if any, in the state of Maharashtra/NCT Delhi/Bihar in

India shall be directly paid by the vendor,if applicable, which shall be reimbursed by Owner at actuals on submission of documentary proof.

2.9.1.7 HPCL shall not be liable, in case the tax authorities assess the tax

elements in a different way on account of any reason, whatsoever. 2.9.1.8 Taxes and duties other than those specified in this document, if any,

shall be included in the quoted prices and no reimbursement shall be made by HPCL.

2.9.1.9 Owner‟s liability with respect to taxes and duties will be restricted to

the following only:

(i) Excise duty, education cess on excise duty and sales tax/VAT as quoted by the bidder. Further statutory variations in Excise Duty, Education Cess on E.D, Sales tax/VAT, Customs duty will be borne by Owner as per the terms specified in this section. (ii) Reimbursement of Octroi and/or Entry tax in the state of NCT Delhi & Bihar, if applicable. Road Permit for Bihta (Bihar) shall be given by HPCL.

2.9.1.10 Any new or additional taxes or duties levied by statutory authorities

during contract shall be borne by the bidder.

2.9.2 Foreign Bidders: 2.9.2.1 Foreign Bidders prices shall include all TPI charges, taxes, duties,

levies and any other charges including export licencing, if any, upto the FOB international Port of Shipment.

2.9.2.2 For goods sourced and supplied from India, quoted prices (in Indian

rupees) shall be on FOT Destination basis inclusive of freight charges up to site and all applicable taxes & duties i.e. Excise Duty, Education Cess and sales tax/VAT payable extra on quoted finished goods. No variation on any account whatsoever shall be paid by the Owner.

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2.9.2.3 For Services such as Site supervision during installation, assistance to

commissioning .Bidder‟s quoted prices shall be Inclusive of Works Contract (WCT) and/or service tax as applicable, till complete execution of the Order/ Contract, and Owner shall not have any liability, whatsoever on this account. Variation, for any reason including statutory will be to vendor‟s account. Bidder shall furnish the total amount of Service Tax included in the quoted price. Bidder shall also ensure that the invoice(s) shows the service tax component separately and is issued in accordance with Service Tax Rules of Govt. of India.

2.9.3 Income Tax / Corporate Tax : 2.9.3.1 As regards Income Tax, Surcharge on Income Tax or any other

Corporate Tax payable by the Bidder for reason of the contract awarded, and / or on their expatriate personal, the Owner shall not bear any Tax liability whatsoever, irrespective of the mode of construction of contract / order. The Bidder shall be liable and responsible for payment of such tax, if attracted under the provision of Indian Income Tax Act.

2.9.3.2 Bidder may note that if any tax is deductible at source as per Indian

Income Tax Law, the same will be so deducted before releasing any payment to the Bidder and a TDS (Tax deducted at source) certificate will be furnished to the Bidder. Accordingly, Bidder shall have the responsibility to check and include such provision of taxes in the prices.

2.9.4. In case of delay in delivery due to reasons attributable to Bidder, any new or

additional taxes or duties levied by Statutory authorities during this period shall be borne by the Bidder.

3.0 DELIVERY PERIOD: 3.1 The items covered in this enquiry are required to be delivered as per Delivery

Schedule stipulated in clause 10.2 of Chapter 10 of the Bid Document. 3.3 DELETED. 3.4 It may be noted that bids offering delivery beyond the delivery schedule as specified

in Chapter-10 will be treated as non-responsive and rejected. 3.5 The delivery period shall be reckoned from the date of Fax of Acceptance. The

Delivery Date shall be reckoned as under: Order Basis Delivery Date FOB/CIF Date of Bill of Lading FOT Date of receipt of goods at defined locations

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3.6 After award of order, vendor may improve the deliveries when compared to that stipulated under Chapter-6 of bid document.

4.0 BID SECURITY/EMD 4.1 The Bidder shall furnish, as part of his bid, a bid security in original for the amount

specified in the Invitation For Bid (IFB). 4.2 The bid security is required to protect the Owner against the risk of Bidder‟s conduct,

which would warrant the security‟s forfeiture. 4.3 In case of Domestic Bidders, the Bid Security shall be in the form of an irrevocable

Bank Guarantee (in the format at Annexure-A of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank). In case of Foreign Bidders, the Bid Security shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure-A of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by an Indian Bank acceptable to HPCL. Bid Security shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.

4.4 Unsuccessful Bidder‟s bid security will be discharged/returned as promptly as possible, but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner. 4.5 The successful Bidder‟s bid security will be discharged upon the Bidder‟s accepting

the Contract/ Purchase Order, and furnishing the Contract-cum-equipment performance bank guarantee.

4.6 The bid security may be forfeited:

a) If a Bidder withdraws his bid during the period of bid validity or

b) In the case of a successful Bidder, if the Bidder fails or refuses to: i) Accept the Purchase Order in accordance with agreed terms and

conditions. ii) Furnish Contract performance bank guarantee as per bid document/

Purchase Order. iii) if a Bidder changes the proposed manufacturer after submission of Bid. iv) Accept arithmetical corrections to his bid as specified in clause no. 18.2 of Instructions to bidder.

4.7 Bid Security should be in favour of Hindustan Petroleum Corporation Limited (HPCL)

and addressed to HPCL. However, original Bid Security should be enclosed separately in a sealed cover and submitted along with the bid. Bid Security must indicate the Bid Document number and the item for which the Bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be strictly in the form provided in the bid document

4.8 Bidders are advised to instruct their banks not to post Bid Security directly to Owner

as the same has to accompany with the bid, to .

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4.9 Central Public Sector Undertaking of Govt. Of India are exempted from furnishing the bid security. Firms registered with NSIC are also exempted from furnishing bid security, provided they are registered for the tendered items and up to the monetary limit they intend to quote. Provided further that they submit a copy of the current and valid registration certificate for the quoted item and monetary value along with their bid(s). Owner reserves right to verify the registration certificate provided, with relevant authorities.

5.0 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG] 5.1 In partial modification to Terms specified in clause 29 of General Purchase

Conditions (Indigenous) and clause 11 of General Purchase Conditions the General Purchase Conditions (Imports), as a Performance security, the successful Bidder, to whom the work is awarded, shall be required to furnish within 30 days of notification of award of contract (Letter/ Fax of Intent) a Performance Bank Guarantee as per proforma attached herewith in favour of the Owner.

5.2 The Bank Guarantee amount shall be equal to TEN PERCENT (10%) of the Total

Order Value and it shall guarantee the faithful performance of the Order in accordance with the Terms and conditions specified in the documents and specifications.

5.3 In case of Domestic Bidders, the CPBG shall be in the form of an irrevocable Bank

Guarantee (in the format at Annexure-B of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank). In case of Foreign Bidders, the CPBG shall be in the form of an irrevocable Bank Guarantee (in the format at Annexure-B of Chapter-8) issued by any Indian Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by an Indian Bank acceptable to HPCL. Bank Guarantee shall be issued in favour of “M/s Hindustan Petroleum Corporation Limited”.

5.4 The Bank Guarantee shall be valid for the entire period of the Contract, namely, till

the end of the guarantee / warranty period. The guarantee amount shall be payable without demur and demand to the Owner in the currency of the Contract.

5.5 In case of Foreign Bidders, in addition to above CPBG, additional Bank Guarantee

equivalent to 5% (of total order value) need to be submitted as mentioned in Clause no. 8 of this Chapter.

5.6 The Total Order Value for this purpose shall be as under :

5.6.1 Indian Bidders :

Total lump sum price including supply & freight charges, but excluding Transit Insurance, Excise duty + Education cess, Sales Tax/VAT, Octroi/Entry tax etc.

5.6.2 Foreign Bidders :

a) In case Order is placed on FOB basis, the lump sum FOB price + total lump sum FOT destination price of all items sourced from India.

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b) In case order is placed on CIF basis, the CIF value up to India Port of Entry (Navashava – JNPT (Jawaharlal Nehru Port Trust)) + total lump sum FOT destination price of all items sourced and sourced from India.

. 5.7 In case, the Contract Performance Bank Guarantee stated above gets reduced/

deducted for reasons of non fulfillment of any Contractual obligations upto the completion of guarantee period, the Bidder shall immediately take action to increase the value of Bank Guarantee to TEN PERCENT (10%) of the Contract price, to cover his guarantee/ warranty obligations.

5.8 The Performance Guarantee will be returned to the Bidder without any interest at the end of the warranty / guarantee period subject to fulfillment of all contractual obligations by the Bidder. The bank guarantee shall have a claim period of 3 months beyond the contractual guarantee period.

5.9 The proceeds of performance security shall be appropriated by the owner as compensation for any loss resulting from vendor‟s failure to complete his obligations under the contract to the prejudice to any of the rights or remedies the owner may be entitled to as per terms and conditions of contract. The proceeds of this performance security shall also govern the successful performance of goods and services and vendor‟s all obligations during the entire period of contractual warrantee / guarantee

5.10 Vendor shall guarantee that the performance of the EQUIPMENT supplied under the

CONTRACT shall be strictly in conformity with the specifications and shall perform the duties specified under the CONTRACT.

6.0 PRICE REDUCTION FOR DELAY IN DELIVERY 6.1.1 In partial modification of the terms specified in the general purchase conditions(GPC)

for Indigenous & Imported goods, in the event of delay beyond the date of delivery of supply items for reasons not attributable to owner and not constituting conditions of force majeure, it will be at owner‟s discretion, without prejudice to his other rights under the contract, to accept delayed supplies but the prices reduced at the rate of ½%(half percent) of the total value per week of delay or part thereof, subjected to a maximum of 5%(five percent) of the total order value.

6.1.2 Further in case of delay in completion, the vendor shall calculate the appropriate

price reduction for delayed completion and raise their invoices net of the same. 6.2 The Total Order Value for this purpose shall be as under:

6.2.1 Indian Bidders: Total Lump sum price for supply including transportation charges but excluding Transit Insurance, Excise Duty, Sales Tax/VAT etc.

6.2.2 Foreign Bidders: Total Lump sum price for supply (FOB value for direct

supplies + FOT destination price for goods sourced and supplied form India). It may be note that CIF prices in place of FOB prices shall considered in case order is placed on CIF basis.

7.0 INSURANCE:

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7.1 In case of PO being placed on FOB (Port of Shipment) basis, owner will arrange Insurance from FOB port of shipment covering Marine and Inland Transit Insurance (in India). However, in case of PO being placed on CIF basis initially/ converted later, marine insurance shall have to be arranged by the Foreign Bidder. The Inland transit insurance from the Indian Port to the destination(s) shall be arranged by the owner in case of the Foreign Bidders.

7.2 Incase of Indian bidder, bidder to arrange insurance of items till handing over to

owner

7.3 Bidder shall carry and maintain any and all statutory insurance(s) required under Indian Laws and Regulations, including Workmen compensation Act/ESI/Third party liabilities etc. and insurances for their personnel engaged in performance of the work at bidder's own cost.

8.0 PAYMENT TERMS Notes:

(i) All foreign currency payments (for supplies) to foreign Bidder shall be released through an irrevocable Letter of Credit, which shall be opened through Govt of India Nationalized Bank and hence shall not be confirmed. In case any Bidder insists on confirmation, charges towards confirmation shall be borne by him. LC shall be established within 30 days after receipt of unconditional acceptance of Letter/ Fax of Intent together with Contract Performance Bank Guarantee for 15% of Total Order value.

(i) The bills of domestic vendors will be reduced by the amount recoverable towards Price reduction for delay in case of delay in delivery.

(ii) In case of foreign Vendor, all remittance of Rupee component shall be made

directly to the Vendor payable within India against Bills duly certified by the Bidder. For this purpose, Vendor shall undertake necessary formalities including opening of bank account in India. All connected liabilities on account of this shall be to Vendor‟s account.

(iv) Only the charges of Owner‟s Bank in India shall be to Owner‟s account. All

other Bank charges including those in Bidder‟s country shall be to Bidder‟s account.

(v) All payments shall be made in the Currency quoted.

(vi) No Interest charges for delay in payments, if any, shall be payable by the

Owner.

(vi) No variation in payment terms shall be accepted for Foreign Bidders and deviation from above will make their bid NON-RESPONSIVE.

(vii) In case of Indian Bidder (Bidder), variation, if any, on account of foreign

exchange rate and/or customs duty on their built-in import content, as per terms of bid document, shall be claimed separately by Bidder after receipt of goods at site(s). However, any price benefits to the Owner, on account of such variation as per terms specified in the bid document, shall be passed on to the Owner along with invoicing itself.

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9.0 GUARRANTY/ WARRANTY Please refer clause 10.2 of Chapter 10 of the tender document 10.0 OVERALL LIABILITY

Seller‟s overall liability towards execution of this order will not exceed 100% (one hundred percent) of the total contract price without prejudice to any other rights the purchaser may have as per terms and conditions of the contract.

11.0 LIABILITY CLAUSE It is expressly understood and agreed by and between Bidder and M/s Hindustan

Petroleum Corporation Limited, (Indian Public Sector Undertaking) that M/s Hindustan Petroleum Corporation Limited is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that M/s Hindustan Petroleum Corporation Limited is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The Bidder expressly agrees, acknowledges and understands that M/s Hindustan Petroleum Corporation Limited. is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly Bidder hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement.

12.0 DEFINITIONS / NOTES 12.1 The terms „Bidder‟, „Contractor‟, `Seller‟, `Supplier‟ or „Vendor‟ stated anywhere in the

Bid Document carry the same meaning. 12.2 The terms `Client‟, „Owner‟, „Purchaser‟ stated any where in the Bid Document refer

to Hindustan Petroleum Corporation Limited (HPCL). 12.3 The term „Contract‟, „Order‟ or „Purchase Order‟ stated anywhere in the Bid

Document carry the same meaning. 12.4 The term „MR means „Material Requisition‟ containing technical requirements and

scope of work (technical), „GPC means General Purchase Conditions‟ containing commercial terms & conditions, „PO means Purchase order‟ issued after award of contract incorporating agreed deviations in MR, „ATC means Agreed Terms & Conditions‟ , „RFQ means Request For Quotation‟.

12.5 In the event of any contradictions between these Instructions to Bidders/Special

Conditions of Purchase and other Chapters of Bid Document, the terms specified under this Chapter shall prevail.

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12.6 For the purpose of contract, the trade terms FOB, CFR and CIF shall have the meanings as assigned to them by INCOTERMS 2000 published by ICC, Paris.

12.7 Any reference to the Govt. Acts / Regulations etc. in the Bid Document is only

indicative, and it is entirely for the Bidder to ascertain the applicable Acts/Regulations.

12.8 Port of entry will be “Navashava (JNPT-Jawaharlal Nehru Port Trust) Port”.

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ANNEXURE I - SCHEDULE OF QUANTITIES The indicative schedule of quantities is provided as under. Bidders should note that the names of the system components supplied by different OEMs to meet HPCL’s functional requirement may differ & hence, the actual components, their exact specifications & quantity requirements should be explicitly mentioned in the commercial proposal.

Sr. No.

Component Name UoM Quantity

Control Room Components

1 Sensor Controller No. Pls Specify

2 Data Management suite/software (Enterprise Edition)

No. 1

3 Rack Mount 1RU console drawer 15” LCD, Keyboard, touchpad, USB, Consol

No. Pls Specify

4 KVM Module 8-console 8-pc with 4-USB cable - set USB

No. Pls Specify

5

2GB, Windows Vista Workstation (Intel Xeon 3GHz Processor with 1GB NVidia VGA Card) with 21” LCD with internal SAS Storage for 30 days event/alarm/data recording (Min 250GB).

No. 2

6 12 Port rack mount optical patch panel (12 loaded)

No. Pls Specify

7 3m SCA Duplex Patch Cord No. Pls Specify 8 19” Rack 800 mm deep with air-conditioning unit No. 1

Field Components 9 Field Sensors No. Pls Specify

10 48 fiber outdoor closure No. Pls Specify 11 Large Underground Pits and Lids No. Pls Specify 12 Any other component (Pls Specify) Pls Specify

Services 12 System Integration, installation & Commissioning LS 1 13 Documentation & Training LS 1 14 System Maintenance (AMC) LS 1

Note:

1. Notwithstanding anything contained in this document, regardless of what appears in the indicative schedule of quantities, it shall be the responsibility of the vendor to supply, install, commission, test & maintain all the components required to make HPCL-PIPESENS a) total & fully functional b) function as per the functional requirements set in this document without any financial or any other obligation to HPCL.

2. The Bidder’s scope for includes Design, Engineering, Procurement, Manufacture, Integration, Factory/Shop

Testing, Packaging, Forwarding, Supply, Insurance, Custom clearance (if any), Unloading at site, Storage, Calibration, Field-testing, Installation/Erection, Pre-commissioning, Commissioning, Stabilisation of the complete system, supply of Spares, Documentation etc. on a turnkey basis for successful operation of HPCL-PIPESENS. The complete requirements shall be executed on a turnkey basis with single point responsibility.

3. Bidder shall include all the items as per below mentioned “Schedule of Quantities". To make the system complete in all respects & to meet the requirements which have not been explicitly identified, but required for the completion and efficient performance of the entire HPCL-PIPESENS.

83

83

4. The quantities indicated are tentative, and it is provided to facilitate the bidder for estimate. The quantities of

individual item can vary as per the OEM solution.

5. All tools & tackles including, PPE, ladders, scaffolding, structural steel or consumables like cable glands, cable ties, lugs, ferules, tag plate etc.. which are not listed, but required for carrying out the work in uninterrupted manner, shall be provided by the bidder.

84

84

ANNEXURE II - PRICED BID FORMAT – INDIAN BIDDERS

Sr. N

o.

Supply & Provisioning of

Un

it

Tota

l Qu

anti

ty(2

79

)

Un

it P

rice

on

FO

T D

esp

atch

po

int

bas

is

incl

ud

ing

oct

roi &

fre

igh

t (i

n R

s.)

Tota

l Pri

ce o

n F

OT

De

spat

ch p

oin

t b

asis

incl

ud

ing

TPI,

Pac

kin

g &

Fo

rwar

din

g (

in

Rs.

) U

nit

Pri

ce x

Qty

CIF

Val

ue

of

Imp

ort

Co

nte

nt

incl

ud

ed in

FOT

De

spat

ch p

oin

t p

rice

(in

Rs.

)

Do

me

stic

Val

ue

Ad

dit

ion

in P

erc

enta

ge

(%)

A B C=(Ax

B)


1 Sensor Controller No. Pls

Specify


No. 1


No. Pls Specify


No. Pls Specify

5


No. 2


No. Pls Specify

7 3m SCA Duplex Patch Cord No. Pls

Specify

8 19” Rack 800 mm deep with air-conditioning unit

No. 1

Field Components

9 Field Sensors No. Pls

Specify

10 48 fiber outdoor closure No. Pls

Specify

85

85

11 Large Underground Pits and Lids No. Pls

Specify

12 Any other component (Pls Specify) Pls

Specify

Services

12 System Integration, installation & Commissioning

LS 1

13 Documentation & Training LS 1

14 System Maintenance (AMC) LS 1

Note:







5. All tools & tackles including, PPE, ladders, scaffolding, structural steel or consumables like cable glands, cable ties,

lugs, ferules, tag plate etc.. which are not listed, but required for carrying out the work in uninterrupted manner,

shall be provided by the bidder.

86

86

ANNEXURE III - PRICED BID FORMAT – FOREIGN BIDDERS

Sr. N

o.


Un

it

Tota

l Qu

anti

ty(2

79

)

Un

it P

rice

FO

B p

ort

of

Ship

me

nt

(Cu

rren

cy

Tota

l Pri

ce F

OB

po

rt

of

Ship

me

nt

(Cu

rren

cy)

Un

it P

rice

x Q

ty

A B C=(AxB)



Specify


No. 1


No. Pls Specify


No. Pls Specify

5


No. 2


No. Pls Specify


Specify


No. 1

Field Components


Specify


Specify


Specify


Specify

Services


LS 1

87

87



Note:







5. All tools & tackles including, PPE, ladders, scaffolding, structural steel or consumables like cable glands, cable ties,

lugs, ferules, tag plate etc.. which are not listed, but required for carrying out the work in uninterrupted manner,

shall be provided by the bidder.

88

88

ANNEXURE IV - UNPRICED BID FORMAT – INDIAN BIDDERS

Sr. N

o.


Un

it

Tota

l Qu

anti

ty

Pac

kin

g &

Fo

rwar

din

g

Exci

se D

uty

VA

T /

CST

In t

ran

sit

Insu

ran

ce

Serv

ice

tax

Thir

d-p

arty

Insp

ecti

on

Ch

arge

s (a

s ap

plic

able

)

Any Other Charges for

Door-delivery of

goods/services

(Pls

Sp

ecif

y)

(Pls

Sp

ecif

y)

…

(Pls

Sp

ecif

y)

A D E F G H I K


1

Sensor Controller No. Pls Sp

ecify


No. 1

3

Rack Mount 1RU console drawer 15” LCD, Keyboard, touchpad, USB, Consol

No. Pls Sp

ecify

4

KVM Module 8-console 8-pc with 4-USB cable - set USB

No. Pls Sp

ecify

5


No. 2

6

12 Port rack mount optical patch panel (12 loaded)

No. Pls Sp

ecify

7

3m SCA Duplex Patch Cord No. Pls Sp

ecify

89

89


No. 1

Field Components

9

Field Sensors No. Pls Sp

ecify

10

48 fiber outdoor closure No. Pls Sp

ecify

11

Large Underground Pits and Lids

No. Pls Sp

ecify

12

Any other component (Pls Specify)

Pls Sp

ecify

Services


LS 1



NOTE:

1. Bidders to note, quoted price should be inclusive of octroi and freight. 2. Unloading at location will be in HPCL’s Scope.

Various charges quoted above will be evaluated as mentioned in the table below (FOR Destination basis).

DESCRIPTION APPLICATION

Basic Price incl. TPI Not Applicable

Packing & Forwarding (P & F) Included in Basic Price

Excise Duty (ED) On (Basic Price + P & F)

Sales Tax (ST) - VAT / CST On (Basic Price + P & F + ED)

Freight On (Basic Price)

Third Party Inspection (TPI) Included in Basic Price

Transit Insurance (TI) On (Basic Price)

Octroi (wherever applicable) On (Basic Price + P & F + ED + ST + Freight + TPI + TI)

Service Tax will be applied on the charges quoted against Supervision of Installation & Commissioning jobs, if any mentioned in the tender.

90

90

ANNEXURE V- UNPRICED BID FORMAT – FOREIGN BIDDERS

Sr. N

o.


Un

it

Tota

l Qu

anti

ty



Specify


No. 1


No. Pls Specify


No. Pls Specify

5


No. 2


No. Pls Specify


Specify


No. 1

Field Components


Specify


Specify


Specify


Specify

Services


LS 1



91

91

TAXES & DUTIES FOR FOREIGN BIDDERS

Description Rate in %

Ocean freight from loading port to Mumbai/ Nhava Sheva, India, %

Marine Insurance from port of shipment to port of entry, %

Any other charges / duty (please specify)in %

Any other charges / duty (please specify) in %

Notes: NO CONDITION SHOULD BE MENTIONED ON THE PRICE BID

1. Bidder to indicate all Taxes and Duties in Percentage in Un-priced Bid. The application of

the taxes & duties shall be as per enclosure.

2. Vendor to quote in US $ OR in the currency of country of origin.

3. Port of Entry in India would be Nhava Sheva Port JNPT, Mumbai

Sign & Stamp of Bidder

ANNEXURE VI - TECHNICAL EVALUATION CRITERIA Criterion Max.

marks

A. Organizational Strength - 10 marks

A.1 Number of Employees in India More than 500 employees - 3 101-500 employees - 2 Upto 100 employees – 1

3

A .2 Annual Turnover More than Rs. 500 crores – 5 Rs. 101 to 500 crores – 3 Less than Rs. 100 crores – 1

5

A.3 ISO QMS Accreditation

Yes - 2 , No - 0 2

B. Experience in executing similar projects - 15 marks

B.1 Intrusion Detection Systems for pipelines / OFC based SCADA & LDS systems

2 marks per project 10

B.2 Security system projects in the oil & gas industry

1 mark per project 5

C. Solution Document - 25 marks

C.1 Conformance of the proposed system with the tender requirements

81-100% - 5 71-80% - 3 <71%- 1

5

C.2 Completeness of the proposed technical solution, in respect to system components

81-100% - 5 71-80% - 3 <71%- 1

5

C.3 Provision of detailed use cases for similar projects implemented in the past, to substantiate the proposed solution workability

1 mark per project 3

C.4 Proposed System Capability to meet functional / technical requirements and system objectives & goals

81-100% - 10 71-80% - 7 <71%- 3

10

C.5 Provision of detailed project management plan, mentioning project team members and their credentials

Yes - 2, No – 0 2

D Bidder's Support & Service Capability - 10 marks

D.1 No. of Service Engineers Certified by OEMs for security systems

More than 50 - 5 25 to 50 - 3 Less than 25 – 1

5

D.2 No. of Service Engineers Certified by OEM for networking systems

More than 50 - 5 25 to 50 - 3 Less than 25 – 1

5

GRAND TOTAL 60


ANNEXURE VII - POC TEST CASES & EVALUATION CRITERIA

Sr. No.

Test Name Scenario Desired Result Weight age

1 System Capability to locate the interference

An artificial interference shall be created along the test-route.

The system shall be able to locate the interference within 10m span

5

2 Capability of communicating alarms


The system shall be able to raise & communicate alarms via annunciators, emails, SMS, auto-generated calls

5

3 Capability to detect simultaneous intrusion attempts

Test intrusion scenarios at least 5 different locations shall be created. Co-locations could be as close as 2 meters

The system shall be able to detect all 5 intrusion attempts within an accuracy range of 10m.

5

4 System Capability to identify/detect the interference due to various causes

An artificial interference shall be created along the test-route a. JCB (Earth moving

machinery) b. Drilling machine c. Manual digging d. Tractors e. Cars f. Bullock-carts

The system shall be able to detect within an accuracy range of 10m.

10

5 System capability w.r.t. speed to detect substantial interference


The system shall be able to detect/raise an alarm within 30 seconds

5

6 CCTV Integration capability

A PTZ Camera shall be installed & the input from HPCL-PIPESENS given to it

The system shall be able to pass on a signal to the CCTV camera to start recording following an incident detection

5

7 Capability to capture the interference signature & subsequently identify the same based on the captured signature

A signature for any test-interference shall be captured & the system tested on the same interference

System shall be able to identify the interference/object based on the signature

15

8 Configuring the system to recognize & make itself immune towards nearby vehicle traffic at a

A zone shall be identified & the system configured accordingly

System shall not raise false alarms indicating interference at that location

10


specific location

9 Capability to meet minimum performance expectations wrt detection range –


i. Personnel >5m ii. Manual

Digging>10m iii. Moving

Vehicle>10m iv. Excavator

(medium weight)>20m

15


ANNEXURE VIII - FORMAT FOR DRAFT BANK GUARANTEE IN LIEU OF BID SECURITY (EMD)

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called "the tender" which expression shall include any amendments/alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of R....... (Rupees ................................. only).

1. We, ................................... Bank having office at ..................................................... Mumbai (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs........... (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender".

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge

whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the

Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, ....................................... Bank further agree with "the Corporation" that "the

Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to


postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is

restricted to Rs. ......... (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of nine months (8 month validity + 1 month claim period) from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its

currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the

documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ..........................day of ........................

For ........................ Bank (by its constituted attorney)

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


ANNEXURE IX - FORMAT DRAFT COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/PERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited (Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ............. (hereinafter called "the supplier" (which expression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed : a) not to insist upon immediate payment of Security deposit for the fulfillment and performance of the said order b) to pay "the supplier" as and by way of advance up to a sum of Rupees__________ (Rupees _____________________________ only) being ____% of the value of the order"; c) that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/or discharge of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept a composite Bank Guarantee for the mobilization advance, security deposit, retention money and performance guarantee.

1. We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation” without any demur on first demand an amount not exceeding Rs........... (Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge whether

the said "Supplier" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the

Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.


4. We, .................................. Bank further agree with "the Corporation" that "the Corporation"

shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall

be only one Composite Bank Guarantee for both the advance and security deposit performance guarantee/Retention Money @ of ____% valid till the end of the defects liability period as per the terms of the P.O. No. _______________ dated _____________ and that in proportion with the recovery of advance @ ______% per bill the same amount/value automatically stands credited to the defects liability account/security deposit or retention money as the case may be and will continue to be credited/treated till the entire advance of Rs._______________________ is fully recovered from the running bills and from the date of full recovery of the advance of Rs.__________________ this guarantee automatically, shall stand valid towards the ____% retention money/defects liability, fully valid in all ® respects unto a further period of 3 (three) months, as per the Purchase Order of "the Corporation".

6. Not withstanding anything contained herein above :

a. Our liability under this guarantee shall not exceed Rs..........

b. This Bank Guarantee shall be valid upto and including .......; and

c. We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before the expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its

currency except with the previous consent of "the Corporation" in writing.

8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee shall not be affected by any change in the constitution of "the Supplier".

9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the

documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ............................. day of ........................... For ........................ Bank (by its constituted attorney)

(Signature of a person authorised to sign on behalf of "the Bank")*


ANNEXURE X - AGREED TERMS & CONDITIONS

This questionnaire duly filled shall be returned along with each copy of Un-priced bid. Clauses

confirmed hereunder should not be repeated in the bid. All the commercial terms and conditions

should be indicated in this format only. If required details including deviation to gpc, if any, should

be indicated as an annexure to this format.

S.NO. DESCRIPTION BIDDER'S CONFIRMATION

1 Confirm Your Offer is in complete compliance with the scope of supplies as specified in the Bid document

2 Confirm you have quoted your prices strictly in the applicable Price schedule format (enclosed with the Bid document) along with Unit and Total Prices

3 Specify Country of Origin of Goods offered

4 Specify the Currency of quote (in accordance with terms specified in Bid document)

5 Indicate estimated shipping net and gross weight and Volume

6 INSPECTION : Confirm your quoted prices are inclusive of all testing and inspection requirements as specified in the bid document. Please note that third party inspection charges is included in the Quoted Basic/ FOB price.

7 Confirm acceptance / compliance with the following conditions /clauses of the Bid document (i) Confirm price basis of your offer is strictly in

accordance with (iv) Confirm your Firm delivery period shall be

strictly as per requirement specified in the Bid Document.

(v) Confirm that Your offer will remain Valid for

acceptance for a period of ONE HUNDRED TWENTY DAYS from the Bid due date or extended due date (if the same is extended).

(vi) Confirm that the quoted prices shall remain

FIRM AND FIXED till complete execution of Order

(vii) Confirm that Guarantee / Warranty shall be as

per Tender .


(viii) Confirm that the Force Majeure shall be as

per Tender (ix) Confirm acceptance of Price Reduction for

delay in delivery as per Bid document. x) Confirm total acceptance to Payment Terms as

per tender xi) Arbitration clause shall be as per General

Purchase Conditions

8 Confirm Terms related to Taxes and Duties shall be as per Provisions of Bid document

9 All correspondence must be in English Language Only

10 This clause is for Indian Bidders only

10.1 Indicate dispatch Point

10.2 Confirm Quoted prices are exclusive of transit Insurance

10.3 Indicate Rate of Central / Local Sales Tax (CST / LST) payable extra on finished goods (i) CST without Concessional Form C (ii) CST with Concessional Form (iii) Local Sales Tax (in case supplies are made from Originating state) without concessional form (iv) Local sales tax with Concessional Form

10.4(i)

(ii)

Indicate Present rate of Excise duty plus Education Cess applicable extra on finished goods Confirm that Excise Duty amount shall be reimbursed to seller only against receipt of CENVATABLE copy of Excise Invoice by Owner.

Excise Duty : _____ % Ed. Cess : _____%

10.5 If there is any variation in excise duty plus education cess on finished goods at the time of Supplies for any reason, other than statutory, including turnover, Confirm the same will be borne by the Bidder.

10.6 In case (10.5) above is not acceptable, indicate maximum rate of Excise duty plus Education Cess chargeable.

10.7 Statutory variation in Excise duty plus Education Cess and Sales tax during the contractual delivery period on Finished goods only will be to Owner's account.

10.8 Confirm, if there is delay beyond contractual


delivery date for reasons attributable to Bidder, any increase in Sales tax and / or excise duty plus education cess will be borne by the Bidder and any decrease shall be passed on to Owner.

10.9 Confirm, in case of delay in delivery, due to reasons attributable to Bidder, any new or additional taxes and duties imposed after contractual delivery dates shall be to Bidder's account.

10.10 If offer is based on certain imported raw materials / components required for goods offered, Please note and specify the following : (i) Owner will not provide any Import License for the same (ii) Confirm that you have quoted prices on: a. Merit rate of Customs duty (without

essentiality certificate) (iii) Confirm you have furnished built in CIF import

content in your price bid.

(iv) Indicate rate of customs duty considered and included in the

quoted prices (v) Indicate classification(s) under which

Bidder intents to import (vi) Confirm that any upward variation due to wrong classification(s) considered in Offer shall be absorbed by the Bidder, whereas any downward variations on account of the same shall be passed on to the Owner. (vii) Please note and Confirm that any variations in Customs duty shall be to Owner's account only as per terms specified in the bid document. viii) Confirm Bidder shall claim variation on account of Customs duty separately after receipt of goods at site, against documentary evidence

Merit Rate Of Customs Duty

11 This clause is for Foreign Bidders only

11.1 Indicate International sea Port of Exit

11.2 (i) Letter of Credit shall be opened through a Government of India Nationalized Bank and hence need not be confirmed.


(ii) In case You insist for a confirmed LC, confirmation charges will be to your account. Confirm acceptance.

11.3 Confirm your quoted prices include transit Insurance upto FOB Port of Shipment

11.4 All taxes, duties and levies of any kind payable upto FOB Port of shipment shall be borne by the Bidder.

11.5 All Bank Charges and Stamp duties payable outside India in connection with the payments to be made under the Purchase Order shall be borne by the Bidder. All Bank Charges and Stamp duties payable in India (only Owner's banker) shall be borne by the Owner.

11.6 In case of Foreign Bidder insisting for having Indian Agent, furnish the following : (i) The Unavoidable justification for engaging the Indian Agent (ii) Name and complete address of Indian Agent including Telephone & Fax number (iii) RBI Registration Number (iv) Agency's commission included in Quoted prices as % of quoted FOB prices (Payable in equivalent non-convertible Indian Rupees upon complete execution of Order and supplies are received and acceptable at sites. (v) Submit Copy of agreement between Foreign Bidder and Indian Agent

_________ %

11.7 Please Indicate the name and address of your Bankers

12 Please confirm that you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must clearly be stated. This does not necessarily be cause for disqualification. However, if this declaration is not furnished the bid shall be rejected as non-responsive.

13 Please confirm that you have filed in, signed and attached the enclosed “Proforma of Declaration of Black Listing/Holiday Listing” along with your Unpriced offer.

14 Confirm acceptance to part order. Offer for items as per the terms specified in the bid document. For all items individual quantities will not be split.

15 Owner reserves the right to make any changes in


the terms and conditions of bid document. Confirm

16 The Bidder is required to state whether any of the Director's Bidder is a relative of any Director of Owner or the Bidder is a firm in which any Director of Owner or his relative is a partner.

17 (a) Confirm acceptance in Toto of the Terms and Conditions contained in the Bid document (i) Instructions to Bidders. (ii) Special Conditions of Purchase (ii) General Purchase conditions (GPC) (iii) All other commercial documents / attachments

/ Chapters of the bid document (b) In case of reservations, confirm that clause wise

comments have been specified as annexure to this format.

(c) All the terms and conditions have been indicated

in this format (including Annexure, if any) and have been repeated in the Bid elsewhere. It is noted that terms and conditions indicated elsewhere including any printed terms and conditions shall not be considered by the owner

18 Furnish Financial Turnover figures of last 3 years of bidder / manufacturer and or trading company (house) which ever is applicable TURNOVER 2009-2010 (2009) 2009-2008 (2008) 2008-2007 (2007) In support of above Bidder shall enclose copies of its published Annual reports of preceding 3 years. Confirm compliance.

BIDDERS NAME :

ADDRESS :

SIGNATURE & SEAL :

FAX NO. TEL NO. EMAIL :


ANNEXURE XI - MANUFACTURER’S AUTHORIZATION FORM (To be provided by all Original Equipment Manufacturers, i.e. for Controller, Server/Workstation, Application Software, Networking Equipments & any other item supplied by an OEM) Date: To M/s HPCL, Mumbai Bid Reference No.: ____________ Dear Sir,

1. I, (Name & designation of the Person), am the authorized signatory of my Company, (Name of the Company).

2. Our company is a reputed manufacturer of (name &description of equipment), having manufacturing facilities at (address of manufacturing locations) and Indian/APAC head office at (address).

3. We hereby authorize M/s (name and address of the bidder) to submit the bid and sign the contract with your good self for the goods manufactured by us, for the above mentioned Bid Reference Number.

4. We are aware of the model numbers of our products quoted for this RFP and assure you that these are not end‐of‐life products. These model numbers are (product name &model numbers).

5. We are willing to provide a warranty of 1year on the above mentioned model numbers from the date of supply.

6. We assure you the availability of spare parts for the above mentioned model numbers for a period of 7 years, from the date of supply.

7. During the period of 7 years from the date of supply, in case the bidder fails to provide you the necessary service, we will be obliged to provide the same, at no extra cost.

8. We are aware of & have vetted the Technical Compliance Sheet with our counter-signature, submitted as a part of the tender submission by M/s ______.

Yours faithfully, (Contact Person) (Designation) (Name of manufacturers) Note: This letter of authority should be on the letterhead of the manufacturer with full address, phone number, email, and website address, and should be signed by a person competent and having the power of attorney to legally bind the manufacturer.


ANNEXURE XII – FORMAT FOR BIDDER INFORMATION SHEET& UNDERTAKING (In case of Consortium, to be filled in by all the partners/members) About the Company Name of the Company:

Postal Address (Regd. Office):

Postal Address (Local Office):

Constitution, Registration No./Date:

No. of Sales/Service Offices (Pls Mention all the locations)

Sr. No.

Office Location

State No. of Service Engineers

VAT/PT Regn. No.

1

2

.

n

About the Authorised Signatory: Name: Designation:

Office Address: Email:

Tel./Fax Nos.: Cell No.:

Company Financials/Headcount FY 2010-11 FY 2009-10 FY 2008-09

Turnover

Turnover from Security Solutions

Turnover from Customer Support Services

Net Worth

Total Headcount

No. of Certified Software Engineers

No. of Certified Service Engineers

Company Experience Project Name

Customer Name & Address

Project Description

Project Value

Security Component Value

Contract Period (From-To)

Project Status

Contact Person, Contact Tel. No. & Email

1

2

.

N


Company Credentials

1. QMS - Provide Details 2. Blacklisted/banned/Delisted - Provide Details

Undertaking

On behalf of M/s....................................................... (Name of the Bidder), I, the undersigned, state that all the information stated above as well as in other parts of our bid is true. I do hereby affirm and undertake to abide by all the terms, conditions and specifications given in the Bid Document while performing the contractual obligations relating to the HPCL-PIPESENS project. Also, I do affirm & assure that the solution proposed by us is complete & total meeting all the functional requirements of HPCL-PIPESENS as stated in the Bid Document. Yours faithfully, (Authorised Signatory) Name, Signature & Seal of the Bidder Place: Date:


ANNEXURE XIII – CUT-OUT SLIP

DO NOT OPEN- THIS IS A QUOTATION

(Envelope No 1 - BID SECURITY/EARNEST MONEY DEPOSIT (EMD))

Client : Hindustan Petroleum Corporation Limited

Bid Document No. : 10000131-HD-10002 Item : OFC BASED INTRUSION DETECTION

Bid Due date & Time : 24/11/2011 Upto 1500 Hrs (IST)

From : To : CHIEF MANAGER (PROCUREMENT)

HINDUSTAN PERTOLEUM CORPORATION LIMITED

Gresham Assurance Building (Gresham Assurance House),

2nd Floor, Sir P. M. Road, Fort,

Mumbai – 400001, INDIA

(To be pasted on the outer envelope containing Bid security)



(Envelope No 2 – Unpriced bids)

Client :Hindustan Petroleum Corporation Limited








(To be pasted on the outer envelope containing “Unpriced bid”)


CUT-OUT SLIP


(Envelope No. “3”- PRICED BIDS)









(To be pasted on the outer envelope containing - Priced bids)


CUT-OUT SLIP

DO NOT OPEN - THIS IS A QUOTATION









(To be pasted on the outer envelope containing Bid

Security/EMD, Unpriced bid and priced bids )


ANNEXURE XIV – INTEGRITY PACT

INTEGRITY PACT (IP)

BIDDERS ARE REQUESTED TO SEND THE DULY SIGNED/STAMPED INTEGRITY PACT (ALONG WITH SIGNATURES OF TWO WITNESSES) IN ORIGINAL IN THE EMD ENVELOPE.





(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 (to be decided by the Chairperson

of the Principal)

(1) The Principal appoints competent and credible External Independent Monitors for this Pact.

The principal has nominated Shri D Chaterjee and Smt Ranjana Kumar as External

Independent Monitor(s) for the purpose of administration of 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.


Date :

Witness 2:


ANNEXURE XV – DEVIATION SHEET

EXCEPTION AND DEVIATIONS STATEMENT

S.NO. PAGE NO. OF TENDER DOCUMENT

CLAUSE NO. SUBJECT DEVIATIONS

Bidder shall list all the deviations in the following given format only on their Letterhead. The Deviation sheet should be submitted along with Un-priced Bid. In case no deviation sheet is submitted along with un-priced bid, it would be concluded that bidder has accepted all specifications, terms and conditions.


ANNEXURE XVI – DECLARATION SHEET

Date:

DECLARATION

We, M/s ________________________________________________ hereby, unconditionally accept all terms & conditions of TENDER NO. : 11000131-HD-10002 dated 14/10/2011 (JOB : OPTICAL FIBER BASED THIRD-PARTY INTRUSION DETECTION SYSTEM) including Scope of job, quantities, completion period, tems & condition without any deviations.

Sign & Stamp of Bidder Note : In case of deviations (whether technical or commercial) the above declaration should not be submitted and the deviations should be mentioned separately on bidders letter head with the heading “DEVIATION SHEET”. In absence of “DEVIATION SHEET”, it would be concluded that bidder has submitted his offer as per tender specifications, terms & conditions. Corrections in tender booklet will not be accepted. Please provide following details along with your offer :

Name of Contact person of bidder

Mobile No. of the Contact person

PAN NO. OF THE BIDDER

FAX NO. OF THE BIDDER

E-MAIL OF THE BIDDER