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1 Seal & Signature of Tenderer HINDUSTAN PETROLEUM ...

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Tender No. :8000110-HD-14001<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD<br />

SECOND FLOOR, <strong>HINDUSTAN</strong> BHAVAN,<br />

8 , SHOORJI VALLABHDAS MARG,<br />

BALLARD ESTATE, MUMBAI – 400001<br />

TEL. : 91-22-22637223FAX NO. : 91-22-22612944/<br />

22671077<br />

Due Date : 22.09.2008 @ 15:00 hrs<br />

EMD : Rs 20 Lakhs<br />

Subject : Providing and handling Mega warehouse<br />

Lubes – at Gurgaon/Manesar/Daruhera areas<br />

(Near Delhi)<br />

Contract Period : 2 years from the date <strong>of</strong> LOI/PO &<br />

Extendable for another two years at HPCL<br />

discretion.<br />

INDEX OF CONTENTS<br />

ATTACHMENT 1 COVERING LETTER<br />

ATTACHMENT 2 .a INSTRUCTION TO BIDDERS<br />

2 .b STATEMENT OF CREDENTIALS<br />

ATTACHMENT 3 DETAILS OF WAREHOUSE AND FACILITIES<br />

ATTACHMENT 4<br />

DECLARATION OF TENDERER<br />

ATTACHMENT 5 GENERAL TERMS & CONDITIONS DULY SIGNED<br />

& STAMPED<br />

ATTACHMENT 6 SCOPE AND RESPONSIBILITIES FOR PROVDING<br />

WAREHOUSE AND ITS HANDLING<br />

ATTACHMENT 7 AGREEMENT FOR PROVIDING WAREHOUSE<br />

AND ITS HANDLING<br />

ATTACHMENT 8.a DECLARATION-I<br />

ATTACHMENT 8.b DECLARATION-II<br />

ATTACHMENT 9 INTEGRITY PACT<br />

ATTACHMENT 10 UNPRICED BID<br />

ATTACHMENT 11 PRICED BID<br />

1 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


<strong>HINDUSTAN</strong> BHAWAN, 8, SHOORJI VALLABHDAS MARG, MUMBAI – 400 001<br />

TEL: 2263 7000 FAX: 2261 2944<br />

REF : LUB/PUR/AH/MN<br />

Tender No. :8000110-HD-14001<br />

Due Date : 22.09.2008 @ 15:00 hrs<br />

EMD : Rs 20 Lakhs<br />

Subject : Providing and handling Mega warehouse<br />

Lubes – at Gurgaon/Manesar/Daruhera areas<br />

(Near Delhi)<br />

ATTACHMENT 1<br />

Contract Period : 2 years from the date <strong>of</strong> LOI/PO &<br />

Extendable for another two years at HPCL discretion.<br />

Dear Sirs,<br />

HPCL is planning to setup Mega Warehouse (Mother depots catering to various daughter<br />

depots spread in the entire state or adjoining states) at near Gurgaon. This Warehouse<br />

shall store various grades <strong>of</strong> Lubricants in cartons, as well as in drums, which will be<br />

received from blending plants, for further distribution to upcountry depots,<br />

dealers/distributors/Industrial customers.<br />

It is planned to outsource the entire Lube handling activity at this Warehouse to<br />

pr<strong>of</strong>essionally competent and experienced parties having expertise in handling Logistics /<br />

warehousing / Stock Yards operations for major industries / MNCs / FMCG / Oil<br />

Companies etc. The typical Lube warehousing operations start from unloading from<br />

trucks, storage on pallets using material handling equipments like forklifts etc., product<br />

wise stacking inside covered warehouse in case <strong>of</strong> cartons and certain specialty grades<br />

like greases etc., in the open in case <strong>of</strong> drums, inventory control and management,<br />

documentation / invoicing / collection <strong>of</strong> payments as per HPCL pre approved terms.<br />

Depot operator shall also be responsible for providing adequate, trained security<br />

personnel preferably Ex. Army-men to safeguard the assets <strong>of</strong> the <strong>HINDUSTAN</strong><br />

<strong>PETROLEUM</strong> CORPORATION LTD.<br />

2 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Successful bidders will be required to submit a Bank Guarantee <strong>of</strong> Rs. 250 Lakhs keeping<br />

in view the value <strong>of</strong> the stocks at the Warehouse.<br />

Tenders are invited in TWO BID SYSTEM (Un priced Bid & Priced Bid) in<br />

prescribed format (to be downloaded from website hindustanpetroleum.com ) from<br />

reputed bidders having necessary competence and experience. The bidders who<br />

intend to submit their bid should meet the following Bid qualification criteria.<br />

BID QUALIFICATION CRITERIA :<br />

1. Financial :<br />

(a) Bidder should have experience <strong>of</strong> at least 2 years in Managing a large<br />

warehouse/stock yard for a multi product company or companies and should be in a<br />

position to provide adequate resources to ensure efficient receipt/storage/dispatch <strong>of</strong><br />

packages including inventory management. (Pro<strong>of</strong> : Completion Certificate or<br />

Certification from the client with regard to experience)<br />

(b) Minimum Annual Turnover <strong>of</strong> the Bidder during any one <strong>of</strong> the immediately<br />

preceding three financial years should be more than Rs. 144 lakhs (Pro<strong>of</strong>: Audited<br />

Balance sheet or certification from the Chartered Accountant)<br />

2.Technical :<br />

2.1.1. The Lube Operator shall provide and operate a Warehouse having a<br />

large covered godown admeasuring 35000 to 40000 sq feet, open<br />

area 35000 to 40000 sq ft, for storage <strong>of</strong> drums,unloading/ loading <strong>of</strong><br />

lubes at Warehouse. Total area should be minimum 75000 sq feet.<br />

Warehouse should have boundry walls. Documentary evidence <strong>of</strong><br />

possession <strong>of</strong> the warehouse shall be furnished with the tender<br />

documents. As per Attachment 3<br />

2. 1.2. Covered area should be able to store minimum 3000 kl lubes other (<br />

1500 kl smalls in racking system <strong>of</strong> 1+3 and 1500 kl in drums <strong>of</strong> 210<br />

lit on pallets.<br />

2.1.3. Operator will provide layout drawing <strong>of</strong> racking system in covered<br />

godown to store minimum storage <strong>of</strong> 1500 kl packed lubes and 1500 kl<br />

drums. On pallets.<br />

2.1.4. Warehouse should be in or around Gurgaon, Manesar and Daruhera.<br />

Approximate volume to be handled ex. Gurgaon/Manesar Warehouse<br />

is 36000 KL/MT per annum. This is only indicative based on the<br />

historical sales & HPCL does not guarantee any fixed/minimum<br />

volume.<br />

3 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


2.2. Applicants should have experience <strong>of</strong> having successfully completed similar work<br />

during last 7 years ending last day <strong>of</strong> month previous to the one in which<br />

applications are invited should be either following :<br />

a Three similar completed works costing not less than Rs. 115 lakhs.<br />

b Two similar completed works costing not less than Rs.144 lakhs.<br />

c One similar completed work costing not less than Rs. 230 lakhs.<br />

Similar work means Managing a warehouse/stockyard for a Multi-product<br />

company or a group <strong>of</strong> companies involving receipt/storage/dispatch <strong>of</strong> multipackage<br />

size, multi items including inventory management.<br />

Relevant document should be produced from the client to this effect.<br />

• The documentary evidence <strong>of</strong> Bid Qualification criteria such as copies <strong>of</strong> purchase<br />

orders / Contracts, experience certification from the clients, copy <strong>of</strong> latest ITCC,<br />

audited balance sheet and pr<strong>of</strong>it & loss account for the last three financial years.<br />

Bidders not meeting the Bid Qualification Criterial will not be considered for<br />

further evaluation <strong>of</strong> the bid.<br />

• Earnest Money Deposit<br />

Offers without applicable EMD will not be considered.<br />

3. Parties who are affiliates <strong>of</strong> one another can decide which Affiliate will make a bid.<br />

Only one affiliate may submit a bid. Two or more affiliates are not permitted to make<br />

separate bids directly or indirectly. If 2 or more affiliates submit a bid, then any one<br />

or all <strong>of</strong> them are liable for disqualification. However upto 3 affiliates may make a<br />

joint bid as a consortium, and in which case the conditions applicable to a consortium<br />

shall apply to them.<br />

“Affiliate” <strong>of</strong> a Party shall mean any company or legal entity which:<br />

i. controls either directly or indirectly a Party, or<br />

ii. which is controlled directly or indirectly by a Party; or<br />

iii. is directly or indirectly controlled by a company, legal entity or<br />

iv. partnership which directly or indirectly controls a Party.<br />

v. “Control” means actual control or ownership <strong>of</strong> at least a 50%<br />

vi. voting or other controlling interest that gives the power to direct, or<br />

vii. cause the direction <strong>of</strong>, the management and material business<br />

viii. decisions <strong>of</strong> the controlled entity.<br />

4. Bids may be submitted by:<br />

i. a single person/ entity (called sole bidder);<br />

ii. a newly formed incorporated joint venture (JV) which has not completed 3<br />

financial years from the date <strong>of</strong> commencement <strong>of</strong> business;<br />

iii. a consortium (including an unincorporated JV) having a maximum <strong>of</strong> 3<br />

(three) members;<br />

iv. an Indian arm <strong>of</strong> a foreign company.<br />

4 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


5. Fulfillment <strong>of</strong> Eligibility criteria and certain additional conditions in respect <strong>of</strong> each <strong>of</strong><br />

the above 4 types <strong>of</strong> bidders is stated below, respectively:<br />

1. The sole bidder (including an incorporated JV which has completed 3<br />

financial years after date <strong>of</strong> commencement <strong>of</strong> business) shall fulfil each<br />

eligibility criteria.<br />

2. In case the bidder is a newly formed and incorporated joint venture and<br />

which has not completed three financial years from the date <strong>of</strong><br />

commencement <strong>of</strong> business, then either the said JV shall fulfil each<br />

eligibility criteria or any one constituent member/ promoter <strong>of</strong> such a JV<br />

shall fulfil each eligibility criteria. If the bid is received with the proposal<br />

that one constituent member/ promoter fulfils each eligibility criteria, then<br />

this member/promoter shall be clearly identified and he/it shall assume all<br />

obligations under the contract and provide such comfort letter/guarantees<br />

as may be required by Owner. The guarantees shall cover inter alia the<br />

commitment <strong>of</strong> the member/ promoter to complete the entire work in all<br />

respects and in a timely fashion, being bound by all the obligations under<br />

the contract, an undertaking to provide all necessary technical and<br />

financial support to the JV to ensure completion <strong>of</strong> the contract when<br />

awarded, an undertaking not to withdraw from the JV till completion <strong>of</strong><br />

the work, etc.<br />

3. In case the bidder(s) is/are a consortium (including an unincorporated JV),<br />

then the following conditions shall apply:<br />

a. Each member in a consortium may only be a legal entity and not an<br />

individual person;<br />

b. the Bid shall specifically identify and describe each member <strong>of</strong> the<br />

consortium;<br />

c. the consortium member descriptions shall indicate what type <strong>of</strong> legal<br />

entity the member is and its jurisdiction <strong>of</strong> incorporation (or <strong>of</strong><br />

establishment as a legal entity other than as a corporation) and<br />

provide evidence by a copy <strong>of</strong> the articles <strong>of</strong> incorporation (or<br />

equivalent documents);<br />

d. One participant member <strong>of</strong> the consortium shall be identified as the “<br />

member” and contracting entity for the consortium;<br />

e. this prime member shall be solely responsible for all aspects <strong>of</strong> the<br />

Bid/Proposal including the execution <strong>of</strong> all tasks and performance <strong>of</strong><br />

all consortium obligations;<br />

f. the prime member shall fulfil each eligibility criteria;<br />

g. a commitment shall be given from each <strong>of</strong> the consortium members in<br />

the form <strong>of</strong> a letter signed by a duly authorized <strong>of</strong>ficer clearly<br />

identifying the role <strong>of</strong> the member in the Bid and the member’<br />

commitment to perform all relevant tasks and obligations in support<br />

<strong>of</strong> the Prime/lead member <strong>of</strong> the Consortium and a commitment not<br />

to withdraw from the Consortium;<br />

h. No change shall be permitted in the number, nature or share holding<br />

pattern <strong>of</strong> the Consortium members after pre-qualification, without<br />

the prior written permission <strong>of</strong> the Owner.<br />

5 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


i. No change in project plans, timetables or pricing will be permitted as<br />

a consequence <strong>of</strong> any withdrawal or failure to perform by a<br />

consortium member.<br />

j. No consortium member shall hold less than 25% stake in a<br />

consortium;<br />

k. Entities which are affiliates <strong>of</strong> one another are allowed to bid either<br />

as a sole bidder or as a consortium only;<br />

l. Any person or entity can bid either singly or as a member <strong>of</strong> only<br />

one consortium.<br />

4. In case the bidder is an Indian arm (subsidiary, authorized agent, branch<br />

<strong>of</strong>fice or affiliate) <strong>of</strong> a foreign bidder, then the foreign bidder shall have to<br />

fulfill each eligibility criteria. If such foreign company desires that the<br />

contract be entered into with the Indian arm, then a proper back to back<br />

continuing (parent company) guarantee shall be provided by the foreign<br />

company clearly stating that in case <strong>of</strong> any failure <strong>of</strong> any supply or<br />

performance <strong>of</strong> the equipment, machinery, material or plant or completion<br />

<strong>of</strong> the work in all respects and as per the warranties/ guarantees that may<br />

have been given, then the foreign company shall assume all obligations<br />

under the contract. Towards this purpose, it shall provide such comfort<br />

letter/guarantees as may be required by Owner. The guarantees shall cover<br />

inter alia the commitment <strong>of</strong> the foreign company to complete the entire<br />

work in all respects and in a timely fashion, being bound by all the<br />

obligations under the contract, an undertaking to provide all necessary<br />

technical and financial support to the Indian arm or to render the same<br />

themselves so as to ensure completion <strong>of</strong> the contract when awarded, an<br />

undertaking not to withdraw from the contract till completion <strong>of</strong> the work,<br />

etc.<br />

• The Integrity Pact duly signed by the authorized <strong>of</strong>ficial <strong>of</strong> HPCL and the<br />

Contractor, will form part <strong>of</strong> this contract / supply order.<br />

Pr<strong>of</strong>orma <strong>of</strong> Integrity Pact (which is issued along with the bidding document)<br />

shall be returned by the bidder along with technical bid, duly signed by the same<br />

signatory who signs the bid i.e. who is duly authorized to sign the bid. All the<br />

pages <strong>of</strong> the Integrity Pact shall be duly signed by the same signatory. Bidder’s<br />

failure to return the Integrity Pact along with the bid, duly signed, shall lead to<br />

outright rejection <strong>of</strong> such bid.<br />

If the Bidder has been disqualified from the tender process prior to the award <strong>of</strong><br />

contract according to the provisions under Integrity Pact, HPCL shall be entitled<br />

to demand and recover from bidder Liquidated damages amount by forfeiting the<br />

EMD/Bid security (Bid Bond) as per provisions <strong>of</strong> Integrity Pact.<br />

If the contract has been terminated according to provisions <strong>of</strong> the Integrity Pact,<br />

or if HPCL is entitled to terminate the contract according to provisions <strong>of</strong><br />

Integrity Pact, HPCL shall be entitled to demand and recover from the Contractor<br />

6 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


liquidated damages amount by forfeiting the Performance Bank Guarantee /<br />

Security Deposit as per Integrity Pact.<br />

Quotations in sealed envelopes separately for Priced and Unpriced bids duly super<br />

scribed with tender number and the two envelopes should be put in one common sealed<br />

envelope duly superscribed with the tender number and the same should reach the<br />

undersigned within the due date and time. The various documents to be attached (duly<br />

signed and stamped by the tenderers along with your tender are as follows :<br />

Attachment 2.a Instruction to Bidders<br />

Attachment 2.b. Statement <strong>of</strong> Credentials<br />

Attachment 3 Details <strong>of</strong> Warehouse and facilities<br />

Attachment 4 Declaration <strong>of</strong> the tenderer<br />

Attachment 5 General Terms & Conditions<br />

Attachment 6<br />

Scope & Responsibilities for providing<br />

Warehouse and its handling.<br />

Attachment 7<br />

Agreement for providing Warehouse and<br />

its handling.<br />

Attachment 8.a Declaration I<br />

Attachment 8.b Delcaration II<br />

Attachment 9 Unpriced Bid<br />

Attachment 10 Integrity Pact<br />

Attachment 11 Priced Bid<br />

Attachment 12<br />

Priced Bid<br />

TO BE<br />

SUBMITTED<br />

ALONGWITH<br />

THE UNPRICED<br />

BID SEALED<br />

ENVELOPE<br />

TO BE<br />

SUBMITTED IN<br />

SEALED<br />

ENVELOPE<br />

The tenderer should sign and stamp each and every page <strong>of</strong> the tender documents as well<br />

as supporting documents submitted with the <strong>of</strong>fer. The supporting documents should be<br />

serially numbered and total number <strong>of</strong> pages submitted should be indicated in the<br />

covering letter.<br />

Please submit your tenders on or before due date to us to the following address :<br />

Sr Manager – Procurement (Lubes SBU)<br />

Hindustan Petroleum Corporation Limited<br />

Hindustan Bhawan, 2nd Floor, Direct Sales<br />

8, S V Road, Ballard Estate, Mumbai - 400 001, India<br />

The UNPRICED Bids will be opened in the presence <strong>of</strong> attending tenderers at 15:15 Hrs<br />

on the due date.<br />

The <strong>of</strong>fers received without EMD along with unpriced bid, will be rejected.<br />

7 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


HPCL team will inspect the <strong>of</strong>fered Land / Warehouse and scrutinize the documents<br />

submitted by the vendor. Offers <strong>of</strong> Bidders who do not have facilities and/or not<br />

meeting the Bid Qualification Criteria, will be rejected.<br />

The contract will be finalized on over all lowest basis.<br />

This tender is covered by the Grievance redressal mechanism which is published at<br />

HPCL website : www.hindustanpetroleum.com.<br />

For information regarding the tender, the following persons may be contacted :<br />

Related to the scope <strong>of</strong> the tender: Mr A K Khare , Sr. Manager- Bitumen I&C; Tel No<br />

: 23782502Related to evaluation, finalisation : Ms Maya M Naik, Manager-Procurement<br />

(DSBU) ; Tel No : 22637280.<br />

Please note that the placement <strong>of</strong> order against this tender will confirm to the rules and<br />

regulations <strong>of</strong> the government <strong>of</strong> India as advised from time to time, including the<br />

purchase preference to Public Sector Enterprises <strong>of</strong> Central Government and the price<br />

preference to NSIC Registered small scale industries .<br />

Late Tenders / Delayed Tenders received after the due date and time , will be rejected<br />

irrespective <strong>of</strong> the cause <strong>of</strong> delay.<br />

HPCL reserves the right to reject any <strong>of</strong>fer in part or full without assigning any reason<br />

whatsoever.<br />

Thanking you,<br />

Very truly yours<br />

Sd/-<br />

Arvind Huilgol<br />

Sr Manager – Proc. Lubes SBU<br />

8 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LIMITED<br />

1 SCOPE OF WORK<br />

ATTACHMENT 2.a<br />

INSTRUCTIONS TO BIDDERS<br />

As stated in covering letter. Also please refer Attachement 6 wherein detailed<br />

scope <strong>of</strong> Operator and HPCL is elaborated.<br />

2 BIDDING DOCUMENT<br />

Tenders are invited in TWO BID SYSTEM (Un priced Bid & Priced Bid) in<br />

prescribed format (to be downloaded from website hindustanpetroleum.com )<br />

from reputed bidders having necessary competence and experience.<br />

3 SUBMISSION AND OPENING OF BID<br />

3.1 This is only a Price Enquiry (Invitation to Offer) and not an Order.<br />

4.0 VALIDITY OF EMD<br />

4.1 Earnest Money Deposit (EMD) shall be accepted in the form <strong>of</strong> demand draft (in<br />

favour <strong>of</strong> Hindustan Petroleum Corporation Limited, payable at Mumbai drawn<br />

on a Scheduled Bank other than Cooperative Bank) or in the form <strong>of</strong> Original<br />

Bank Guarantee for the amount given in the NIT and issued by any Scheduled<br />

bank (Other than Co-Operative Bank). Pr<strong>of</strong>orma <strong>of</strong> BG for EMD is given in this<br />

tender document. EMD in any other form will be treated as Offer without EMD.<br />

No adjustment shall be made with EMD submitted earlier with other tenders <strong>of</strong><br />

HPCL or any outstanding amount with HPCL. Earnest Money Deposit furnished<br />

by the Bidder shall be valid for a period <strong>of</strong> 06 (SIX) MONTHS from the date <strong>of</strong><br />

submission <strong>of</strong> the bid.<br />

4.2 EMD <strong>of</strong> the unsuccessful bidders shall be returned as promptly as possible upon<br />

award <strong>of</strong> PO/contract.<br />

4.3 EMD <strong>of</strong> successful bidder will be returned upon the bidder’s accepting the<br />

contract, and furnishing the requisite Security Deposit.<br />

4.4 Any bid not in accordance with above clauses will be rejected as non-responsive.<br />

5.0 VALIDITY OF OFFER<br />

5.1 Bid submitted by Bidder shall remain valid for a minimum period <strong>of</strong> 120 days<br />

from the due date/extended due date for submission <strong>of</strong> Bids. Bidders shall not be<br />

9 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


entitled during the said period <strong>of</strong> Four months, without the consent in writing <strong>of</strong><br />

the Owner, to revoke or cancel their Bid or to vary the Bid given or any term<br />

there<strong>of</strong>. In case <strong>of</strong> Bidders revoking or cancelling their Bid or varying any <strong>of</strong> the<br />

terms in regard there<strong>of</strong> without the consent <strong>of</strong> Owner in writing, Owner shall<br />

reject such Offers and forfeit Earnest Money paid by them.<br />

6.0 BID CLARIFICATIONS/AMENDMENTS BY HPCL<br />

6.1 HPCL may issue clarifications/amendments in the form <strong>of</strong><br />

addendum/corrigendum during the bidding period and may also issue<br />

amendments subsequent to receiving the bids. For the addendum/corrigendum<br />

issued during the bidding period, bidders shall confirm the inclusion <strong>of</strong><br />

addendum/corrigendum in their bid. Bidder shall follow the instructions issued<br />

along with addendum/corrigendum.<br />

6.2 Bidders shall examine the Bidding Document thoroughly and submit to HPCL<br />

any apparent conflict, discrepancy or error. HPCL shall issue appropriate<br />

clarifications or amendments, if required. Any failure by Bidder to comply with<br />

the aforesaid shall not excuse the Bidder from performing the Services in<br />

accordance with the contract if subsequently awarded.<br />

7.0 EVALUATION OF TECHNO COMMERCIAL BIDS<br />

Prior to detailed evaluation <strong>of</strong> bids the owner shall determine whether each bid is<br />

(i) Accompanied by EMD as specified in the Notice Inviting Tender<br />

(a)Bids without EMD as specified in the Notice Inviting Tender or with<br />

EMD not as per prescribed pr<strong>of</strong>orma as per Bidding Document shall be<br />

rejected.<br />

(b)EMD if placed inside the price bid envelope then the <strong>of</strong>fer will be<br />

treated as bid without EMD and will be rejected. However Public Sector<br />

Enterprise/Undertaking (Self Declaration required along with Unpriced<br />

Bid) and SSIs registered with NSIC (Copy <strong>of</strong> valid registration Certificate<br />

should be submitted along with the Unpriced Bid) are exempted from<br />

submitting EMD.<br />

(c)Prospective bidders who are SSI registered with NSIC shall provide a<br />

declaration in writing along with their unpriced bid whether they have<br />

succeeded in securing orders for same items, in competition (i.e. without<br />

price preference) with large scale units during the preceding 12 months.<br />

(ii) Totally complying with the requirement <strong>of</strong> the tender document.<br />

(iii) Meeting the Bid Qualification Criteria as stipulated in the Notice Inviting<br />

Tender.<br />

8 RECEIPT OF BID<br />

10 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Bids received late i.e. after due date and time, due to any reason (s)<br />

whatsoever shall be rejected. Late and rejected bid and representative <strong>of</strong><br />

such bidders shall not be allowed to attend the bid opening.<br />

9 UNSOLICITED POST BID MODIFICATION<br />

Bidders are advised to quote strictly as per terms and conditions <strong>of</strong> the<br />

Bidding Document and after submission <strong>of</strong> <strong>of</strong>fer not to stipulate any<br />

deviation / exceptions. Once, quoted the bidders shall not make any<br />

subsequent price changes, whether resulting or arising out <strong>of</strong> any technical<br />

/ commercial clarifications sought/allowed on any deviations or exceptions<br />

mentioned in the bid unless discussed and agreed by HPCL in writing.<br />

14. PRICED BIDS EVALUATION CRITERIA<br />

Since there are three slabs for quantity to be handled on monthly basis hence, the rates<br />

are required to be quoted accordingly as mentioned in the “ Priced Bid “ format. The<br />

rates for rental <strong>of</strong> godown to be quoted saperately.<br />

The <strong>of</strong>fers will be evaluated on overall lowest basis.The following procedure shall be<br />

followed for evaluation <strong>of</strong> bids :<br />

Example : For party ‘XYZ’<br />

Part ‘A’ For Handling Contract :<br />

Say Say<br />

Slab Monthly Qty.(KL/MT). Rs./KL/MT(quoted)` Amount<br />

(Rs.)<br />

0-1000 1000 150 150000<br />

1001-2000 1000 120 120000<br />

2001- above 1000 100 100000<br />

_____ _____<br />

3000 3,70,000<br />

12 x Rs.370000 = Rs.4,40,000 Per Year for 36000 KL/MT<br />

Part ‘B’ For rental <strong>of</strong> godwn. Provision <strong>of</strong> equipments and other facilities :<br />

a. - To be provided in lum sum say Rs 1000000.00/ month or Rs<br />

1,20,00,000.00/ year<br />

Total value <strong>of</strong> Offer per Year :<br />

Part A :For Handling : Rs. 4,40,000<br />

Part B : For rental and provision <strong>of</strong> equiment : Rs.1,20,00,000.00<br />

Ttotal Value per year for handling & Rental and provision <strong>of</strong> equipment and facility<br />

<strong>of</strong> 30000 KL/MT <strong>of</strong> party : Rs. 1,24,40,000.00<br />

( Note : The rates shown above are imaginary rates and considered for the purpose<br />

<strong>of</strong> evaluation <strong>of</strong> the Bid )<br />

11 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LIMITED<br />

STATEMENT OF CREDENTIALS<br />

ATTACHMENT 2.b<br />

<strong>Tenderer</strong>s should fill their technical <strong>of</strong>fer by way <strong>of</strong> providing all information as follows:<br />

01. Name <strong>of</strong> the Firm<br />

02. Nature <strong>of</strong> the Firm<br />

(State whether Limited Company, Partnership, Co-op. Society or Sole<br />

Proprietor, photocopies <strong>of</strong> documents confirming constitution <strong>of</strong> the firm to be<br />

enclosed)<br />

03. Year <strong>of</strong> Establishment<br />

04. Registration Number, if any<br />

05. Registered Postal Address<br />

06. Telegraphic Address, if any<br />

07. Telephone No.(s)<br />

08. Address <strong>of</strong> Branches, if any<br />

09. Name <strong>of</strong> Directors / Partners/ Proprietor as the case may be with address &<br />

Telephone nos.<br />

10. Permanent Income Tax No.<br />

11. Last Income Tax Clearance (Attach Photocopy)<br />

12. Name <strong>of</strong> Bankers & Branch with full address<br />

13. Type <strong>of</strong> Account & A/C. No.<br />

14. Names (s) <strong>of</strong> Person(s) Operating<br />

15. Code No. allotted by Indian Banks Association, if any<br />

16. Names(s) <strong>of</strong> Authorised Representa -tives (s)<br />

Note : Power <strong>of</strong> Attorney signed by all Directors / Partners / Proprietor in<br />

favour <strong>of</strong> authorised person signing the tender documents must be enclosed<br />

17. Are you associated with HPCL in any other contract in the past<br />

18. Are you currently having any contract with HPCL<br />

19. Please confirm that you have qualified / trained / experienced staff on your<br />

Roll to handle this job<br />

20. Furnish Power <strong>of</strong> Attorney / Board Resolution authorising the undersigned to<br />

represent the Firm and sign and commit on behalf <strong>of</strong> the firm.<br />

I / WE do hereby certify that the information as provided above is correct and<br />

true in all respects.<br />

SIGNATURE ___________________ & <strong>Seal</strong><br />

NAME ______________________<br />

FIRM’S NAME , DATE & ADDRESS<br />

12 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


DETAILS OF WAREHOPUSE AND FACILITIES<br />

Location Name:<br />

District:<br />

Land Details:<br />

:<br />

Total area :<br />

Ownership type :<br />

Owner’s name & address :<br />

Availability <strong>of</strong> approach road : Yes/ No<br />

Drawing <strong>of</strong> stacking arrangement<br />

Inside Warehouse :<br />

(Please attach Pro<strong>of</strong> <strong>of</strong> ownership <strong>of</strong> warehouse)<br />

Investment Details for handling warehouse<br />

Activity Amount (Rs.)<br />

PC :<br />

Manpower<br />

Safety/security :<br />

Total :<br />

ATTACHMENT-3<br />

Attachment 1. Details <strong>of</strong> warehouse<br />

2. Other details required for handling warehouse.<br />

I / WE do hereby certify that the information as provided above is correct and true in all<br />

respects.<br />

SEAL FIRMS NAME &<br />

ADDRESS<br />

DATE<br />

SIGNATURE _____________________<br />

NAME ______________________<br />

13 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


DECLARATION OF THE TENDERER<br />

ATTACHMENT 4<br />

I/We hereby <strong>of</strong>fer the firm rates in the Rate Schedule attached.<br />

The Earnest Money Deposit (EMD) <strong>of</strong> Rs. ___________ has been paid by me / us vide<br />

Demand Draft No. ___________________ dated _____________ / Bank Guarantee No<br />

____________ dated _______________. It is agreed that the said amount so deposited is<br />

refundable to us after finalisation <strong>of</strong> tender in favour <strong>of</strong> any party and subject to our<br />

fulfilling the terms and conditions <strong>of</strong> this tender.<br />

I/We hereby agree to abide and fulfill the terms and conditions set out in the general and<br />

special conditions <strong>of</strong> the contract and the Agreement papers as attached, which shall be<br />

deemed to form a part <strong>of</strong> this tender. I / We return herewith the same duly attested on<br />

each page in token <strong>of</strong> my / our acceptance there<strong>of</strong>.<br />

I/We hereby declare that this tender and your acceptance to be communicated by you to<br />

me / us by a letter shall constitute a valid and binding contract between us till such time<br />

the final Agreement is signed by us.<br />

I/We have noted that <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. has<br />

reserved the right to accept / reject any tender which may / may not fulfill any <strong>of</strong> the<br />

conditions contained above and enclosed Agreement Form , without assigning any reason<br />

whatsoever.<br />

Yours faithfully,<br />

WITNESS : SIGNATURE______________ DATE:<br />

NAME : _______________________________<br />

(Signed as Director / Partner /<br />

Member / Proprietor)<br />

SIGNATURE ________________ NAME OF BIDDER___________________<br />

NAME______________________ ADDRESS : _______________________<br />

PLACE _____________________ _______________________<br />

DATE ______________________ TELE. NO. : _______________________<br />

14 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


GENERAL TERMS AND CONDITIONS<br />

SUBMISSION OF TENDERS<br />

ATTACHMENT – 5<br />

Tender terms and Conditions should be carefully studied. All the pages <strong>of</strong> the tender<br />

documents including draft contract form should be signed and rubber stamped as a token<br />

<strong>of</strong> your acceptance and submitted to us in the manner indicated in the covering letter.<br />

Priced Bids<br />

Priced Bids, duly filled in WITH PRICE DETAILS and stamped & signed, should be<br />

enclosed in envelope (meant for Priced Bid).<br />

The Unpriced bid & Priced Bid duly sealed separately should then be enclosed in the<br />

large common envelope and superscribed with <strong>Tenderer</strong>’ name , Address, Tender<br />

Number, Due date & Time for which tendered, should be mailed to the under noted<br />

address so as to reach on or before the due date and time.<br />

Sr. Manager Procurement (Direct Sales)<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD.<br />

8, Shoorji Vallabhdas Marg, Hindustan Bhavan,<br />

Lubes SBU, 2 nd Floor,<br />

Ballard Estate, Mumbai – 400001<br />

Tenders received late after the due date and time for any reason( including postal<br />

delays) shall be rejected forthwith<br />

Tenders received unsealed / without Earnest Money Deposit / not meeting tender<br />

conditions / incomplete in any respect, shall liable to be rejected.<br />

EARNEST MONEY DEPOSIT (EMD) :<br />

<strong>Tenderer</strong> shall pay the Earnest Money Deposit <strong>of</strong> Rs.20,00,000 ( Rs. Twenty lakh only)<br />

either by Crossed Account Payee Demand Draft in favour <strong>of</strong> Hindustan Petroleum<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. Limited payable at Mumbai or by<br />

Bank Guarantee <strong>of</strong> scheduled bank other than cooperative bank valid up to total Six<br />

Months from the due date. Cheques / Cash will not be accepted. No interest is payable<br />

on EMD.<br />

Cheques and / or request for adjustment against any pending dues / bills will not be<br />

accepted as EMD and any Tender with such cheques / requests shall be treated to have<br />

been received without EMD and shall be rejected<br />

EMD would be refunded only after finalisation <strong>of</strong> the tender and on surrender <strong>of</strong> the<br />

original cash receipt issued by the <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD..<br />

In case <strong>of</strong> successful tenderer the EMD would be refunded only after completion <strong>of</strong> all<br />

15 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


the formalities i.e. signing <strong>of</strong> contract and submission <strong>of</strong> requisite security deposit in the<br />

form <strong>of</strong> Demand Draft or Bank Guarantee.<br />

EMD will be forfeited if the tenderer :<br />

• Modifies / withdraws the <strong>of</strong>fer during the validity period <strong>of</strong> 120 days from the due<br />

date or extended due date <strong>of</strong> the tender.<br />

• Refuses to sign the contract after award <strong>of</strong> contract by <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong><br />

CORPORATION LTD.<br />

• Does not furnish the Security Deposit <strong>of</strong> required amount<br />

• Is unable to make the facilities ready for operation within the stipulated time after<br />

issuance <strong>of</strong> Letter <strong>of</strong> Intent regarding award <strong>of</strong> contract and / or award <strong>of</strong> contract.<br />

FORCE MAJEURE:<br />

Any delay in or failure <strong>of</strong> the performance <strong>of</strong> either part hereto shall not constitute default<br />

hereunder or give rise to any claims for damage, if any, to the extent such delays or<br />

failure <strong>of</strong> performance is caused by occurrences such as Acts <strong>of</strong> God or an enemy,<br />

expropriation or confiscation <strong>of</strong> facilities by Government authorities, acts <strong>of</strong> war,<br />

rebellion, sabotage or fires, floods, explosions, riots, or strikes. The contractor shall keep<br />

records <strong>of</strong> the circumstances referred to above and bring these to the notice <strong>of</strong> the<br />

Engineer In-charge/ Site in-charge in writing immediately on such occurrences. The<br />

amount <strong>of</strong> time, if any, lost on any <strong>of</strong> these counts shall not be counted for the Contract<br />

period. Decision <strong>of</strong> the Owner arrived at after consultation with the contractor, shall be<br />

final and binding. Such a determined period <strong>of</strong> time be extended by the owner to enable<br />

the Contractor to complete the job within such extended period <strong>of</strong> time.<br />

If contractor is prevented or delayed from the performing any <strong>of</strong> its obligations under this<br />

Agreement by force Majeure, then the Contractor shall notify Owner the circumstances<br />

constituting the Force Majeure and the obligations performance <strong>of</strong> which is thereby<br />

delayed or prevented, within seven days <strong>of</strong> the occurrence <strong>of</strong> the events.<br />

VALIDITY OF TENDERS :<br />

Offers should be valid for acceptance for a period <strong>of</strong> 120 days from the due date <strong>of</strong><br />

Tender. Once the tender is accepted and work awarded, the rates should be valid for the<br />

entire contractual period. No tenderer will be allowed either to withdraw or to revise his<br />

<strong>of</strong>fer after the last date <strong>of</strong> receipt <strong>of</strong> tender. Any <strong>of</strong>fer containing variations from our<br />

terms and conditions and or containing counter conditions will not be accepted.<br />

<strong>Tenderer</strong>s are advised in their own interest to quote strictly as per terms and conditions<br />

stipulated by <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. and not to add<br />

conditions <strong>of</strong> their own or to modify the terms and conditions stipulated in the tender.<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. reserves the right to accept or<br />

reject any or all tenders in whole or in part and or all tenders in whole or in part and or<br />

to divide the work amongst tenderers in the manner considered suitable by<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD., at <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong><br />

CORPORATION LTD.’s sole discretion, without assigning any reason. Acceptance <strong>of</strong><br />

16 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


<strong>of</strong>fer shall be valid only when advised by <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong><br />

CORPORATION LTD. in writing to the concerned successful tenderer.<br />

AGREEMENT<br />

Successful tenderer, before undertaking the work, would be required to execute the<br />

Agreement within 15 days from the date <strong>of</strong> confirmation <strong>of</strong> award <strong>of</strong> contract by<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD., failing which <strong>HINDUSTAN</strong><br />

<strong>PETROLEUM</strong> CORPORATION LTD. may forfeit the EMD without prejudice to its<br />

rights and cancel the award without giving further notice. Agreement would strictly be<br />

in accordance with the tendered terms and conditions.<br />

SECURITY DEPOSIT<br />

i) Successful tenderer would be required to furnish a Security Deposit in the<br />

form <strong>of</strong> crossed account payee demand drafti in favor <strong>of</strong> HPCL payable at<br />

Mumbai or by Bank Guarantee <strong>of</strong> any scheduled bank other than cooperative<br />

bank (format enclosed) for an amount <strong>of</strong> Rs 250 Lakhs for the period stipulated<br />

in the contract, within 15 days <strong>of</strong> issuance Purchase Order/ Confirmation <strong>of</strong><br />

award <strong>of</strong> agreement by <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD.,<br />

failing which, <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. may forfeit<br />

the EMD without prejudice to its rights and cancel the award without giving<br />

further notice.<br />

ii) Any loss , damages arising out <strong>of</strong> the contract may be recovered from<br />

contractor’s running bills <strong>of</strong> the contract or running/pending bills <strong>of</strong> any other <strong>of</strong><br />

his contract, BG for safe custody <strong>of</strong> product and Security deposit with the<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD.<br />

COMMENCEMENT OF JOB :<br />

Successful vendor should complete all facilities required for operation <strong>of</strong> warehouse<br />

within 45 days from the date <strong>of</strong> LOI/ Purchase Order. Bidder will be entrusted with the<br />

work only after all the formalities, viz. Signing <strong>of</strong> Agreement and submission <strong>of</strong> Security<br />

Deposit etc. are completed.<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. does not guarantee any definite<br />

minimum volume <strong>of</strong> business. Indicative Volumes basis last year sales have been<br />

considered for the purpose <strong>of</strong> this tender.<br />

CONTRACT PERIOD & FIRM RATES<br />

The contract shall be initially for a period <strong>of</strong> two years effective date <strong>of</strong> placement <strong>of</strong><br />

Purchase Order/ entering in to an agreement with an option for extension for a further<br />

period <strong>of</strong> two years at the sole discretion <strong>of</strong> <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong><br />

CORPORATION LTD. on the same terms and conditions. The rates shall be firm for<br />

entire contractual period <strong>of</strong> four years.<br />

17 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


PAYMENT TERMS:<br />

The monthly payment to the Handling Contractor shall be made within 15 days <strong>of</strong> receipt<br />

<strong>of</strong> the bill supported with all the required documents and duly certified by the concerned<br />

site in-charge, at our Delhi DSRO.<br />

TAXES/DUTIES/GOVT.LECIES OR SERVICE TAX:<br />

The rates quoted and indicated in the “Priced Bid” for Ware house handling contract<br />

should be exclusive <strong>of</strong> the taxes, duties and service tax if any on the handling charges<br />

quoted by the party. The taxes, duties and service tax if any should be clearly<br />

indicated in the “Un-Priced” bid. In case if any bidder indicate about the taxes, duties<br />

and service tax in the “ Priced Bid “ but do not mention in the “Un-Priced Bid” the same<br />

will not be taken in to consideration. In case if any bidder indicate this aspect in both the<br />

places i.e in “Un-Priced Bid” and in “Priced Bid” also and any discrepancy is observed in<br />

both, the quantum mentioned in the “ Un-Priced Bid” shall be considered for evaluation.<br />

DISCREPANCIES IN RATES QUOTED<br />

If some discrepancies are found between the quoted rates by bidders given in words and<br />

figures <strong>of</strong> the amount in the tender, the following procedure shall be applied:<br />

b. When there is a difference between the rates in figures and words, the rate<br />

which corresponds to the amount worked out by the tenderer shall be<br />

taken as correct.<br />

c. When the rate quoted by the tenderer in figures and words tallies but the<br />

amount is incorrect, the rate quoted by the tenderer shall be taken as<br />

correct.<br />

d. When it is not possible to ascertain the correct rate in the manner<br />

prescribed above the rate as quoted in words shall be adopted.<br />

18 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Annexure - 6<br />

SCOPE AND RESPONSIBILITIES OF WAREHOUSE OPERATOR AND HPCL<br />

1a. The Lube Operator shall provide and operate a Warehouse having a large<br />

godown (covered and open) admeasuring – minimumum 75000 sq feet. and<br />

sufficient open space for unloading/ loading <strong>of</strong> lubes at Warehouse. We intend to<br />

store 1500 kl in 210 lit drums and 1500 kl smalls in covered godown. The<br />

bidder will have to provide racking system (1+3) for smalls and drums will be<br />

stored on pallets. Bidder will have to submit lay out plan for storage <strong>of</strong> 1500 kl<br />

smalls. The Controlling <strong>of</strong>ficer for the Warehouse will be Chief/Senior Regional<br />

Manager, Delhi DSRO..<br />

b. Approximate volume to be handled ex. Gurgaon Warehouse is 36000 KL/MT<br />

per annum. This is only indicative based on the historical sales & HPCL does<br />

not guarantee any fixed/minimum volume.<br />

c. Lube operator will have to lease the warehouse to Hindustan Petroleum Corpn.<br />

Ltd., for contract period. The lease agreement format is enclosed (Attachment 7)<br />

2 The Lubes Warehouse operator shall be responsible for following;<br />

a) To keep the said Warehouse and its surroundings in neat, clean and to the<br />

satisfaction <strong>of</strong> HPCL at all times. This includes routine maintenance <strong>of</strong> the<br />

building / admin .facilities/ Seasonal preventive maintenance etc.<br />

.<br />

b) Providing authorized personnel for supervising/ handling the operations and<br />

activities in the warehouse which shall include supervisory/clerical/labour<br />

staff.<br />

c) The minimum man power to be provided by the Operator shall be as under.<br />

One full time Manager.<br />

Two trained clerical staff having adequate computer knowledge<br />

and capable to operate ERP/JDE system for invoicing/<br />

accounting/MIS etc.<br />

Eight workers/ labours available at all times to carry out<br />

loading/unloading/stacking etc.<br />

Seven trained security guards, preferably Ex service men round the<br />

clock to ensure safety and security <strong>of</strong> stocks and premises.<br />

The man power mentioned above is minimum which shall be made available<br />

in Warehouse at all times. However, operator will have to provide additional<br />

man power as and when required to ensure speedy and efficient operations in<br />

the Warehouse safety <strong>of</strong> the stocks/ security <strong>of</strong> the premises.<br />

Warehouse operator shall provide the following equipments.<br />

Telephone - 2 nos , having STD facility<br />

Desktop computer - 2 nos having minimum Pentium 4<br />

configuration and 17” colour monitor, adequate hardwares<br />

capacities as per HPCL requirement to operate JDE system.<br />

19 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Printers - 2 nos, (one dot matrix printer 132 column, one no desk<br />

jet color printer.<br />

UPS - 2 no having minimum 500 VA capacity.<br />

Air conditioner <strong>of</strong> 2 Ton capacity.<br />

Required no <strong>of</strong> <strong>of</strong>fice tables, chairs, steel cup boards, slotted<br />

angle racks to store <strong>of</strong>fice records, stationery etc.<br />

Fork lift – 2 nos <strong>of</strong> required capacity.<br />

Required 800 no <strong>of</strong> pallets to store/ load the catons..<br />

All required accessories/tools/ consumables for efficient<br />

operation <strong>of</strong> facilities.<br />

e) Unloading <strong>of</strong> packed lubricants/ products normally received thru road<br />

transport from our blending plants/ re packers/ terminals, checking quality<br />

and correctness with dispatch documents (TOA), stocking them properly<br />

in the ware house as per laid down norms <strong>of</strong> the corporation. Product shall<br />

be stacked in clearly demarcated areas in FIFO (first in first out) format in<br />

the godown for easy dispatches.<br />

Completing required transaction in JDE system to up date<br />

inventory.<br />

Establish shortages in the barrels/cartons received and<br />

recording shortages/ non receipt <strong>of</strong> packages etc. as per HPCL<br />

laid down procedure. Endorsing such shortages on the<br />

transporter challan and keeping a record <strong>of</strong> the same in a<br />

register which shall be counter signed by HPCL <strong>of</strong>ficer in<br />

charge.<br />

Loading <strong>of</strong> lube oil cartons in to trucks & unloading same<br />

at destination to various depots and customers/dealers as<br />

per HPCL direction on FIFO (first in first out) basis.<br />

Preparing bills/invoices in JDE system for supplies to<br />

various dealers. Stock transfer advices (TOA) for<br />

shipments to HPCL depots. Under no circumstances,<br />

deliveries can be made to any customer or depot without<br />

proper JDE documents.<br />

.<br />

Collecting payments from dealers and depositing the same<br />

in HPCL nominated bank immediately as per HPCL<br />

approved terms and conditions. Failure in doing so shall<br />

prompt HPCL to charge an interest @ 18% per annum for<br />

delayed period till the instrument is deposited in the bank.<br />

Any discounts/ credit to dealers given by operator shall be<br />

based on written authorization from Chief/ Sr Regional<br />

Manager, Gurgaon RRO. In case it is found that operator<br />

has extended unauthorized credits/ discounts or<br />

unauthorized shipments <strong>of</strong> products out <strong>of</strong> warehouse<br />

without payment, the value <strong>of</strong> such discounts/ credit/ cost<br />

<strong>of</strong> product shall be recovered @ 150% <strong>of</strong> the value <strong>of</strong><br />

such discounts/ credit/ cost <strong>of</strong> product from Warehouse<br />

operator.<br />

20 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


.<br />

f) Carry out all necessary liasoning work with statutory authorities like<br />

Central excise, Sales tax, Labour commissioner, Weights and<br />

measures, Nagar nigam/Gram panchayat, Industry dept, Factories<br />

Deptt. and all other Govt. departments on behalf <strong>of</strong> HPCL. However<br />

any statutory fees payable to such authorities to obtain necessary<br />

license/ permit shall be paid by HPCL against actual receipts. It will be<br />

responsibility <strong>of</strong> Warehouse operator to arrange/ obtain all required<br />

licenses/ permits necessary to operate Warehouse.<br />

g) INVENTORY/ STOCK RECONCILATION/LEAKAGES<br />

Warehouse operator will carry out frequent inventory<br />

checks after receipt <strong>of</strong> products and deliveries to<br />

customers to ensure that physical stocks are in line with<br />

book stock as per JDE system.<br />

Monthly cycle count will be carried out on first day <strong>of</strong><br />

every month before commencing receipt and deliveries.<br />

Any variation to be reconciled and reported to <strong>of</strong>ficer in<br />

charge <strong>of</strong> HPCL.<br />

Operator shall be fully responsible for safety/<br />

security <strong>of</strong> stocks including leakages etc. during<br />

warehousing, .HPCL shall not entertain any claim<br />

on account <strong>of</strong> leakages during storage/handling <strong>of</strong><br />

barrels/ cartons except shortages booked /reported<br />

at the time <strong>of</strong> receipt <strong>of</strong> product as per laid down<br />

procedure <strong>of</strong> the company. Decision <strong>of</strong> HPCL shall<br />

be final & binding in all cases <strong>of</strong> shortages.<br />

Operator is fully responsible for safe<br />

keeping/handling <strong>of</strong> the products after receipt in the<br />

warehouse. Any loss or damage for any reason like<br />

pilferage, shortage, theft, accident, contamination etc.<br />

found during warehousing after receipt <strong>of</strong> product,<br />

would be debited to the Operator at amount<br />

equivalent to prevailing MRP & recovered from<br />

monthly bills <strong>of</strong> operator. In the event <strong>of</strong> claim<br />

amount exceeding monthly bill in any month,<br />

Operator shall forthwith pay the same within 7 days<br />

<strong>of</strong> receiving a demand from HPCL.<br />

In the event <strong>of</strong> claim under Insurance policy by<br />

HPCL, the Operator shall provide all necessary<br />

assistance to HPCL in regard to liasoning with the<br />

Insurance Company for filing <strong>of</strong> the claim &<br />

completing all the formalities.<br />

Other Responsibilities:<br />

A) Carrying out sample checks <strong>of</strong> lubricants at the time <strong>of</strong> receipt etc. as per<br />

HPCL Guidelines/procedure.<br />

21 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


B) Allowing <strong>of</strong>ficials <strong>of</strong> HPCL free/unhindered access in the godown / records<br />

for carrying out inspections at all times.<br />

C) Preparing all documents and reports during receipt, storage & dispatch <strong>of</strong><br />

products like Bills/invoices, bank deposit slips, inventory/sales reports etc.<br />

etc. as per HPCL instructions from time to time. The Reports would be<br />

submitted to HPCL in both hard and s<strong>of</strong>t copies, as per requirement.<br />

D) Bulking <strong>of</strong> leaky products whenever necessary, in empty barrels so that<br />

further loss can be avoided.<br />

.<br />

E) Day to day Liasoning with the supply locations/depots/Controlling Regional<br />

Office for Lubes receipt/dispatches and connected activities. Operator would<br />

be required to generate necessary MIS to be provided to Officer In-charge /<br />

Regional <strong>of</strong>fice on Sales/ Stocks / Accounts / Inventories etc for effective<br />

control & operations <strong>of</strong> the location.<br />

F) Operator to ensure all safety norms, as per HPCL Depot Operating Manual,<br />

without exception.<br />

G) Operator will carryout monthly stock check activities along with HPCL<br />

<strong>of</strong>ficial on the first working day <strong>of</strong> each month along with postings in JDE<br />

system as per laid down procedure. Besides, HPCL <strong>of</strong>ficial is authorized to<br />

carry out surprise checks <strong>of</strong> the stocks at any time.<br />

H) The Operator shall provide and maintain adequate no <strong>of</strong> fire extinguishers, as<br />

per HPCL laid down safety norms at all times. The Operator shall also provide<br />

personal protective equipment such as hand gloves / safety shoes,safety<br />

helmets etc to his employees. The operator to ensure that his employees use<br />

Personal Protective Equipments (PPE) during the loading / unloading /<br />

stacking and all other handling activities.<br />

I) The Operator shall strictly follow First in First Out system while making<br />

supplies.<br />

.<br />

Each grade/pack/type <strong>of</strong> product to be stored/ stacked separately in<br />

line with HPCL’s guidelines & established warehousing norms.<br />

It should be the endeavor <strong>of</strong> the Operator to handle maximum<br />

number <strong>of</strong> incoming trucks on daily basis so as to increase<br />

warehouse throughput. In case, trucks are detained beyond 15<br />

hours from the reporting time by the Operator for any reason or<br />

due to inability <strong>of</strong> Operator to unload the product, HPCL shall<br />

recover detention charges payable to the transporter, if any, from<br />

the operator.<br />

The Operator shall maintain all documents/records in good<br />

condition by binding them on monthly basis at his cost.<br />

Operator shall, after receipt <strong>of</strong> LOI, furnish HPCL a security<br />

deposit by way <strong>of</strong> bank guarantee issued by a scheduled bank<br />

approved by HPCL for Rs.250 Lakhs (Rs.Two hundred and Fifty<br />

Lakhs only) as per HPCL format, valid for the period <strong>of</strong> the<br />

contract and an additional six months (validity <strong>of</strong> BG will be<br />

contract period plus Six months).<br />

22 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


HPCL SCOPE<br />

To provide wooden pallets for proper stacking <strong>of</strong> packages in the<br />

warehouse.<br />

Operator to provide uniform to his authorized staff with Photo I<br />

card duly signed by CRM/ SRM, Delhi DSRO, Delhi. Staff<br />

not authorized / without uniform shall not be allowed inside the<br />

premises <strong>of</strong> the Depot.<br />

HPCL shall make following monthly payments to the<br />

Operator-<br />

a. An amount as agreed during the negotiation / award <strong>of</strong> contract<br />

for provision <strong>of</strong> Warehouse, equipments and other facilities.<br />

b. An amount as agreed during the negotiation / award <strong>of</strong> contract<br />

(Rs. Per KL/MT) for the volume dispatched from Warehouse<br />

every month by way <strong>of</strong> Sales (invoiced) and Stock Transfer<br />

volumes(TOA’s) to other HPCL depots/ dealers/ industrial<br />

customers within the state and outside state.<br />

These rates would be all inclusive covering all duties /<br />

responsibilities <strong>of</strong> Operator as detailed in the tender<br />

Document. Inward movement <strong>of</strong> product from our Lube<br />

Plants/Terminals/Depots to Gurgaon Warehouse will not be<br />

considered as Stock Transfer Volume & shall not be<br />

considered for payment. Only dispatches ex. Warehouse either<br />

by Sales or Stock Transfers to other depots/ dealers shall be<br />

considered for payment. Net volume/ weight <strong>of</strong> product as<br />

billed will be considered for payment.<br />

Payment will be made in Two parts i.e. Fixed charge for<br />

provision <strong>of</strong> Warehouse, equipments and other facilities and on<br />

Thruput basis.<br />

Agreed/ negotiated Fixed charges shall include all charges Rs/<br />

month towards rental <strong>of</strong> warehouse, equipments and other<br />

facilities.<br />

Thruput charges will be given on Rs Per KL/MT on the basis<br />

<strong>of</strong> thruput per month.<br />

c. Payment would be made against bills to be raised by the<br />

Operator on monthly basis after deducting for any stock loss<br />

and any other claims <strong>of</strong> HPCL. Operator shall submit the<br />

monthly stock statement duly certified by HPCL <strong>of</strong>ficial<br />

together with bill before 7 th <strong>of</strong> every month for the previous<br />

month. Monthly payment shall be paid by HPCL within fifteen<br />

days from the date <strong>of</strong> receipt <strong>of</strong> bill after due verification.<br />

d. Applicable Tax like TDS etc would be deducted from the<br />

vendor from such monthly payment.<br />

23 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


ATTACHMENT - 7<br />

AGREEMENT FOR PROVIDING WAREHOUSE AND ITS HANDLING<br />

(Cotracor premises)<br />

This AGREEMENT made this _______ day <strong>of</strong> ____ in the year 2007 between Hindustan<br />

Petroleum Corporation Limited, a company incorporated under Companies Act 1956 and<br />

having its Registered Office at 17, Jamshedji Tata Road, Mumbai - 400 020 and having a<br />

place <strong>of</strong> business amongst others places at (provide controlling Regional Office address)<br />

__________________________________ duly represented by Ch. Regional Manager<br />

hereinafter referred as the “Company"/”Corporation” (which expression shall unless<br />

excluded by or repugnant to the subject or context be deemed to include its successors<br />

and permitted assigns) <strong>of</strong> the one part and Mr. ___________ under the name and style <strong>of</strong><br />

M/s ______________hereinafter referred to as "The Contractor" (which term <strong>of</strong><br />

expression shall unless excluded by or repugnant to the subject or context be deemed to<br />

include his heirs, executors, administrators and representatives or successors or the<br />

partners <strong>of</strong> the said firm for the time being and the survivors <strong>of</strong> them or its successors and<br />

permitted assigns) <strong>of</strong> the other part.<br />

Whereas <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LTD. had floated public tender<br />

for EOI from interested parties having required size <strong>of</strong> covered “Godown /Warehouse at<br />

Gurgaon " herein after referred to as “Warehouse” for the purpose <strong>of</strong> storing, handling<br />

and distributing lubricating oils and greases hereinafter referred to as "Petroleum<br />

Products". In order to facilitate delivery <strong>of</strong> the Petroleum Products <strong>of</strong> the Company to<br />

the Company's Upcountry Depots / resellers / distributors / customers from the said<br />

Warehouse, the Company decided to appoint a Contractor. After short listing suitable<br />

parties having required warehouses, a limited tender was floated among short listed<br />

candidates by the company. And whereas in response to the public tender/limited tender<br />

in that behalf, the Contractor has applied for such appointment and the Company has<br />

agreed to appoint the Contractor for the purpose aforesaid on the terms and conditions<br />

hereinafter specified.<br />

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:<br />

1) That the Company hereby appoints the Contractor and the Contractor hereby accepts<br />

the appointment as the ‘Contractor’ for the said Warehouse at<br />

____________________ for delivery and distribution <strong>of</strong> Company's Petroleum<br />

Products, mentioned in the Second Schedule hereunder written, to The Company's<br />

depots / dealers / resellers / distributors / customers only within the area specified in<br />

the Third Schedule hereunder written.<br />

2) This agreement shall commence from the ___ day <strong>of</strong> ____ 2008 and shall continue<br />

for a period <strong>of</strong> three years (unless determined by as hereinafter provided). The<br />

Agreement may on satisfactory performance by the Contractor be renewed by the<br />

Company from time to time, for such a period and on such terms and conditions at the<br />

entire discretion <strong>of</strong> the Company.<br />

a) The Company reserves the right to terminate the contract without assigning<br />

any reason there<strong>of</strong> by issuing three months notice in writing to the<br />

Contractor.<br />

24 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


3) The Company shall make supplies <strong>of</strong> Petroleum Products to the said Warehouse from<br />

the dispatching points <strong>of</strong> the Company at proposed W/House facility. The Company's<br />

measurement <strong>of</strong> Petroleum Products at the dispatching point shall be accepted as<br />

conclusive evidence <strong>of</strong> the qualities and quantities <strong>of</strong> product delivered to the<br />

Contractor.<br />

4) The Contractor shall confine himself to delivering the Company's Petroleum Products<br />

to the Company’s depots / dealers / resellers / distributors / customers only within the<br />

area allotted to the Contractor. A list <strong>of</strong> such depots / dealers / resellers / distributors /<br />

customers, will be supplied by the Company to the Contractor from time to time and<br />

the delivery <strong>of</strong> Petroleum Products by the Contractor shall be strictly limited to the<br />

said depots / dealers / resellers / distributors / customers. The Contractor shall have<br />

no right to deliver any <strong>of</strong> the said petroleum products to any persons other than the<br />

said depots / dealers / resellers / distributors / customers as advised by the Company.<br />

5) The Contractor shall confine himself to delivering the Company's Petroleum Products<br />

to the Company's depots / dealers / resellers / distributors / customers shall be in the<br />

name <strong>of</strong> the Company and on behalf <strong>of</strong> the Company and in invoicing /<br />

documentation to the depots / dealers / resellers / distributors / customers the<br />

Contractor shall use the name <strong>of</strong> the Company.<br />

6) The deliveries will normally be against bank drafts in favour <strong>of</strong> the Company or if the<br />

Company so approves by crossed cheques drawn in favour <strong>of</strong> the Company provided<br />

that the Contractor will allow such credit to any <strong>of</strong> the said dealers / resellers /<br />

distributors / customers as the Company may from time to time authorise him in<br />

writing. However, in case <strong>of</strong> intra company transfers from the “Warehouse" to IRDs<br />

(Depots), the same will be on stock transfer basis.<br />

7) Except for delivery <strong>of</strong> the Company's product to the Company's depots / dealers /<br />

resellers / distributors / customers in terms <strong>of</strong> this agreement, the Contractor shall<br />

have no right or authority to incur any obligation or liabilities or enter into any<br />

contract or transact any business what so ever or act in the name and on behalf <strong>of</strong> the<br />

Company.<br />

8) The Contractor shall not during the period <strong>of</strong> this agreement deal directly or indirectly<br />

or be concerned in any way with the purchase / distribution or sale <strong>of</strong> similar<br />

products <strong>of</strong> any other Company or use the Warehouse for any purpose other than that<br />

<strong>of</strong> carrying on the distribution work <strong>of</strong> the products <strong>of</strong> the Company as herein<br />

provided excepting with the previous consent <strong>of</strong> The Company in writing.<br />

9) For the purpose <strong>of</strong> storing, handling and delivering to the Company's depots / dealers<br />

/ resellers / distributors / customers, the Petroleum Products <strong>of</strong> the Company, the<br />

following provisions shall apply.<br />

a) The Company may enter upon the said premises at any time for inspection /<br />

verification <strong>of</strong> Petroleum Products.<br />

b) The Company may appoint a Guardian Officer to oversee and supervise day to<br />

day operations <strong>of</strong> the “Warehouse" at its sole discretion.<br />

25 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


c) The Contractor shall keep the said Warehouse and its surroundings in a clean and<br />

satisfactory condition. The Contractor shall not interfere with or attempt to adjust<br />

the Warehouse, storage facility or any part there<strong>of</strong> but The Contractor shall be<br />

responsible for notifying The Company immediately <strong>of</strong> the necessity <strong>of</strong> any repair<br />

or adjustments and thereby ensuring that the said Warehouse and Storage<br />

facilities are in proper working order.<br />

d) All repairs to the Warehouse and the storage facilities shall be done by the<br />

contractor at his own cost.<br />

e) The Contractor shall not add to or alter the Warehouse and storage facilities or<br />

remove any part there<strong>of</strong> in any manner whatsoever except with the approval <strong>of</strong><br />

the Company in writing first. If The Contractor commits a breach <strong>of</strong> this clause,<br />

the Company shall have the right to demand that the contractor reinstate and<br />

restore the same to its former condition in all respects and the cost there<strong>of</strong> shall<br />

be paid by the Contractor..<br />

10) All Petroleum Products shall be supplied by the Company in the name <strong>of</strong> the<br />

Company to the said Warehouse operated by the Contractor and will be received by<br />

the Contractor on behalf <strong>of</strong> the Company. All such products will be stored by the<br />

Contractor in the Warehouse and storage facilities provided and delivered only to the<br />

depots / dealers / resellers / distributors / customers <strong>of</strong> the Company.<br />

11) The Contractor shall, subject to force majeure, be liable to the Company for any loss,<br />

damage or injury caused to the Company or its products and on demand, pay to the<br />

Company at its <strong>of</strong>fice hereinbefore mentioned, the amount as intimated by the<br />

Company towards loss, injury or damage, The Contractor on demand shall deliver the<br />

Petroleum Products to the Company. The contractor shall whenever required, submit<br />

to the Company an inventory duly signed by him <strong>of</strong> the aforesaid Petroleum Products<br />

so entrusted to him. Further, the Contractor shall not be entitled to use the aforesaid<br />

Petroleum Products for the purpose other than those for which they were supplied.<br />

12) The Contractor shall be responsible for the due compliance with all the provision <strong>of</strong><br />

the Explosive Act, Shop and Establishment Act, Workmen's Compensation Act and<br />

all other Central, State or Local Acts which may be applicable from time to time and<br />

the Contractor shall indemnify the Company against all loss and non-observance <strong>of</strong><br />

any such provisions and / or by reason <strong>of</strong> his willful default or neglect. The<br />

Contractor shall take out insurance policy against any liability under the provision <strong>of</strong><br />

Workmen's Compensation Act.<br />

13) The Contractor shall also maintain all accounts and registers in the name <strong>of</strong> the<br />

Company and keep a record <strong>of</strong> all deliveries and sales in duplicate, one copy where<strong>of</strong><br />

shall be forwarded by the Contractor to the Company at such intervals as the<br />

Company may from time to time direct.<br />

14) The Contractor shall also be bound to maintain documents in the manner desired and<br />

directed by the Company on forms prescribed by the Company from time to time.<br />

These documents will be submitted by the Contractor to the Company at such<br />

intervals as the Company may from time to time direct. Primarily, the documents<br />

26 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


will relate to the stock <strong>of</strong> the Petroleum Products made available to the Contractor for<br />

delivery to The Company's depots / dealers / resellers / distributors / customers.<br />

15) The Company hereby authorises the Contractor to collect Demand Draft / Cheque<br />

drawn in favour <strong>of</strong> the Company from the dealers / resellers / distributors / customers<br />

for and on behalf <strong>of</strong> the Company towards the price <strong>of</strong> Petroleum Products delivered<br />

to the dealers / resellers / distributors / customers <strong>of</strong> the Company by the Contractor<br />

on behalf the Company and to grant receipts and discharge for the same. The<br />

Contractor shall deposit the Demand Draft/Cheque so collected, with the Company’s<br />

nominated Bank as per Company’s directive.<br />

16) The Contractor shall ensure that the name <strong>of</strong> the Company appears on all storage<br />

facilities in the Warehouse.<br />

17) There shall be no discrimination by the Contractor in the delivery <strong>of</strong> the Petroleum<br />

Products <strong>of</strong> the Company to the depots / dealers / resellers / distributors / customers.<br />

There should be no delay or laxity on the part <strong>of</strong> the Contractor in giving prompt and<br />

efficient service to the depots / dealers / resellers / distributors / customers.<br />

18) The Company's measurement at point <strong>of</strong> dispatch <strong>of</strong> Petroleum Products shall be<br />

accepted as conclusive evidence <strong>of</strong> the qualities and quantities <strong>of</strong> product delivered and<br />

the Contractor shall be held accountable for all quality and quantity <strong>of</strong> the products<br />

dispatched to the Contractor by the dispatching point <strong>of</strong> the Company<br />

19)The Company may in absolute discretion at any time during the currency <strong>of</strong> the<br />

agreement require the Contractor to furnish such security for the due performance <strong>of</strong> the<br />

obligations <strong>of</strong> the Contractor under this agreement as the Company may in its absolute<br />

discretion deem fit. If the Contractor fails to furnish such security within 14 days from<br />

the date <strong>of</strong> receipt <strong>of</strong> the demand for such security, The Contractor shall be deemed to<br />

have committed a breach <strong>of</strong> the terms <strong>of</strong> this agreement and the Company shall thereupon<br />

have the right to terminate the contract forthwith thereafter.<br />

20)The Contractor will be required to provide a Bank Guarantee <strong>of</strong> Rs 50 Lacs towards<br />

the stocks stored in the warehouse.<br />

21)This Agreement is terminable by either Party by giving three months notice to the<br />

other in writing. Notwithstanding anything to the contrary contained in this Agreement,<br />

the Company shall also be at liberty at its entire discretion to terminate this Agreement<br />

forthwith upon or at the time after the happening <strong>of</strong> any <strong>of</strong> the following events :<br />

• If the Contractor commits a breach or default <strong>of</strong> any <strong>of</strong> the terms and conditions<br />

<strong>of</strong> this Agreement.<br />

• Upon (a) the death or adjudication as insolvent <strong>of</strong> the Contractor if he be an<br />

individual; (b) the dissolution <strong>of</strong> the partnership <strong>of</strong> the Contractor’s firm or the<br />

death or adjudication as insolvent <strong>of</strong> any partner <strong>of</strong> the firm, if the Contractor be a<br />

firm; (c) the liquidation, whether voluntary or otherwise or the passing <strong>of</strong> an<br />

effective resolution for winding up, if the Contractor be a Company or a Cooperative<br />

Society.<br />

27 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


• If the Contractor or any partner in the Contractor’s firm shall be involved in any<br />

criminal <strong>of</strong>fence relating to moral turpitude.<br />

• If the licence issued by the relevant authorities to the Contractor which has<br />

bearing on this Agreement, is cancelled or revoked.’<br />

• If the Contractor makes any default in immediately depositing with the<br />

Company’s designated Bank, the Demand Draft/Cheque drawn in the name <strong>of</strong> the<br />

Company and collected by him,<br />

• If the Contractor does not adhere to the instructions issued by the Company from<br />

time to time in the matter <strong>of</strong> storage and supply <strong>of</strong> Petroleum Products at or from<br />

the Warehouse.<br />

• If the Contractor deliberately contaminates or tampers with the quality <strong>of</strong> the<br />

Petroleum Products at the Warehouse.<br />

• If the Contractor shall himself or by his staff allows use <strong>of</strong> the Warehouse for any<br />

purpose other than what is intended and/or agreed in this Agreement.<br />

• If the Contractor shall himself or by his staff commits any act which is prejudicial<br />

to the interest or good name <strong>of</strong> the Company or the Petroleum Products stored at<br />

or supplied from the Warehouse.<br />

22) The Company shall have the right to enter the Warehouse forthwith without any<br />

hindrance or objection from the Contractor and to take over the petroleum products<br />

stored in the Warehouse and the Contractor hereby undertakes to allow the Company to<br />

do so without any opposition or disturbance. Such taking over shall be without<br />

prejudice to the Company's right to recover from the Contractor all the amounts which<br />

may then be due and owed by the Contractor to the Company in terms <strong>of</strong> the<br />

Agreement.<br />

23) The Contractor shall at all times indemnify the Company from and against all<br />

losses, damages, claims, suits and otherwise arising from and in connection with<br />

injury to persons or property short deliveries or otherwise howsoever in connection<br />

with matters covered by the Agreement provided such loss or damage is not caused<br />

due to the negligence <strong>of</strong> The Company's employees.<br />

24 )The rights granted under this agreement are not transferable and the Contractor<br />

shall not under any circumstances sell, dispose <strong>of</strong>f, or assign or delegate or part<br />

with the possession <strong>of</strong> Warehouse or storage facilities. The Contractor shall keep all<br />

the information that may be obtained or gained access to during the period <strong>of</strong> this<br />

Agreement, fully confidential. No confidential information shall be provided by the<br />

Contractor to any third party without the prior written consent <strong>of</strong> the Company.<br />

25) The Company by its <strong>of</strong>ficers, representatives and employees shall have at all<br />

times in any circumstances free and unrestricted access to the said Warehouse and<br />

storage facilities and all other properties<br />

26) Any notice, request, correspondence or statement to be given under this<br />

Agreement shall be in writing and shall be deemed to have been duly and properly<br />

served upon the Parties hereto if delivered against acknowledgement or by Registered<br />

mail with acknowledgement due, addressed to the Parties herein at the following<br />

addresses or changed addresses, duly notified by the Parties. Any notice transmitted<br />

by fax or other form <strong>of</strong> recorded communication shall be deemed to have been given<br />

28 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


and received on the first business day after its transmission:<br />

27)ARBITRATION :<br />

All disputes and differences <strong>of</strong> whatsoever nature, whether existing or which shall at<br />

any time arise between the parties hereto touching or concerning the agreement,<br />

meaning, operation or effect there<strong>of</strong> or to the rights and liabilities <strong>of</strong> the parties or<br />

arising out <strong>of</strong> or in relation thereto whether during or after completion <strong>of</strong> the contract<br />

or whether before after determination, foreclosure, termination or breach <strong>of</strong> the<br />

agreement (other than those in respect <strong>of</strong> which the decision <strong>of</strong> any person is, by the<br />

contract, expressed to be final and binding) shall, after written notice by either party<br />

to the agreement to the other <strong>of</strong> them and to the Appointing Authority hereinafter<br />

mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as<br />

hereinafter provided.<br />

The appointing authority shall either himself act as the Sole Arbitrator or nominate<br />

some <strong>of</strong>ficer/retired <strong>of</strong>ficer <strong>of</strong> Hindustan Petroleum Corporation Limited (referred to<br />

as owner or HPCL) or a retired <strong>of</strong>ficer <strong>of</strong> any other Government Company in the Oil<br />

Sector <strong>of</strong> the rank <strong>of</strong> Ch. Manager & above or any retired <strong>of</strong>ficer <strong>of</strong> the Central<br />

Government not below the rank <strong>of</strong> a Director, to act as the Sole Arbitrator to<br />

adjudicate the disputes and differences between the parties. The contractor/vendor<br />

shall not be entitled to raise any objection to the appointment <strong>of</strong> such person as the<br />

Sole Arbitrator on the ground that the said person is/was an <strong>of</strong>ficer and/or shareholder<br />

<strong>of</strong> the owner, another Govt. Company or the Central Government or that he/she has to<br />

deal or had dealt with the matter to which the contract relates or that in the course <strong>of</strong><br />

his/her duties, he/she has/had expressed views on all or any <strong>of</strong> the matters in dispute<br />

or difference.<br />

In the event <strong>of</strong> the Arbitrator to whom the matter is referred to, does not accept the<br />

appointment, or is unable or unwilling to act or resigns or vacates his <strong>of</strong>fice for any<br />

reasons whatsoever, the Appointing Authority aforesaid, shall nominate another<br />

person as aforesaid, to act as the Sole Arbitrator.<br />

Such another person nominated as the Sole Arbitrator shall be entitled to proceed<br />

with the arbitration from the stage at which it was left by his predecessor. It is<br />

expressly agreed between the parties that no person other than the Appointing<br />

Authority or a person nominated by the Appointing Authority as aforesaid, shall act<br />

as an Arbitrator. The failure on the part <strong>of</strong> the Appointing Authority to make an<br />

appointment on time shall only give rise to a right to a Contractor to get such an<br />

appointment made and not to have any other person appointed as the Sole Arbitrator.<br />

The Award <strong>of</strong> the Sole Arbitrator shall be final and binding on the parties to the<br />

Agreement.<br />

The work under the Contract shall, however, continue during the Arbitration<br />

proceedings and no payment due or payable to the concerned party shall be withheld<br />

(except to the extent disputed) on account <strong>of</strong> initiation, commencement or pendency<br />

<strong>of</strong> such proceedings.<br />

29 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


The Arbitrator may give a composite or separate Award(s) in respect <strong>of</strong> each dispute<br />

or difference referred to him and may also make interim award(s) if necessary.<br />

The fees <strong>of</strong> the Arbitrator and expenses <strong>of</strong> arbitration, if any, shall be borne equally<br />

by the parties unless the Sole Arbitrator otherwise directs in his award with reasons.<br />

The lumpsum fees <strong>of</strong> the Arbitrator shall be Rs. 40,000/- per case for transportation<br />

contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator<br />

completes the arbitration including his award within 5 months <strong>of</strong> accepting his<br />

appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual<br />

expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e.<br />

25% on acceptance, 25% on completion <strong>of</strong> pleadings/documentation, 25% on<br />

completion <strong>of</strong> arguments and balance on receipt <strong>of</strong> award by the parties.<br />

Subject to the aforesaid, the provisions <strong>of</strong> the Arbitration and Conciliation Act, 1996<br />

or any statutory modification or re-enactment there<strong>of</strong> and the rules made thereunder,<br />

shall apply to the Arbitration proceedings under this Clause.<br />

The Contract shall be governed by and constructed according to the laws in force in<br />

India. The parties hereby submit to the exclusive jurisdiction <strong>of</strong> the Courts situated at<br />

Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in<br />

English language.<br />

The Appointing Authority is the Director - Marketing <strong>of</strong> Hindustan Petroleum<br />

Corporation Limited.<br />

IN WITNESS WHEREOF the Parties hereto through their authorized<br />

representatives have executed this Agreement on the day and year first above written.<br />

FOR AND ON BEHALF OF FOR AND ON BEHALF<br />

OF theContractor Hindustan Petroleum Corpn Ltd.<br />

By its Constituted Attorney<br />

In the presence <strong>of</strong> : In the presence <strong>of</strong><br />

First Schedule<br />

SCHEDULES<br />

Details <strong>of</strong> 'The Warehouse’<br />

Land admeasuring _________________at (complete address)<br />

______________________________________________ alongwith Covered godown<br />

with all facilities and having ______ sqft. carpet area along with <strong>of</strong>fice space <strong>of</strong><br />

_______ sqft., therein, entire area bounded by compound wall <strong>of</strong> 10 feet hight.<br />

• Layout drawing <strong>of</strong> the premises (drawing No. ______)<br />

30 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


• List <strong>of</strong> the facilities :<br />

DECLARATION - I<br />

Tender No. : -HD-14001<br />

ATTACHMENT 8.a<br />

Subject : Providing and handling Mega warehouse<br />

Lubes – at Gurgaon<br />

I/We _________________________ hereby declare/clarify that we have not been banned<br />

or delisted by any Government or quasi Government Agencies or Public Sector<br />

Undertakings<br />

Stamp & <strong>Signature</strong> <strong>of</strong> the bidder<br />

Note : If a bidder has been banned by any Government or Quasi Government Agencies or<br />

PSUs, this fact must be clearly stated with details. If this declaration is not given alsong<br />

with the UNPRICED Bid,the tender will be rejected as non-responsive.<br />

31 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


DECLARATION II<br />

Tender No. : -HD-14001<br />

ATTACHMENT 8.b<br />

Subject : Providing and handling Mega warehouse<br />

Lubes – at Gurgaon<br />

I/ We hereby confirm the following:<br />

Being the company registered with NSIC<br />

confirm herewith that we have received<br />

business for the subject material in competition<br />

with the large scale units during the preceding<br />

12 months without consideration <strong>of</strong> Price<br />

Preference.<br />

Details <strong>of</strong> such purchase orders received<br />

without considering Price Preference<br />

YES NO<br />

32 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


ATTACHMENT 9<br />

To,<br />

<strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION LIMITED<br />

Sub : Purchase <strong>of</strong> Bidding Documents<br />

Ref. Tender no. -HD-14001<br />

HPCL and the Bidder agree that the Notice Inviting Tender (NIT) is an <strong>of</strong>fer made on the<br />

condition that the bidder will sign the Integrity Pact and the Bid would be kept open in its<br />

original form without variation or modification for a period <strong>of</strong> (state the number <strong>of</strong> days<br />

from the last date for the receipt <strong>of</strong> tenders stated in the NIT) ………. days and the<br />

making <strong>of</strong> the bid shall be regarded as an unconditional and absolute acceptance <strong>of</strong> this<br />

condition <strong>of</strong> the NIT.<br />

We confirm acceptance and compliance with the Integrity Pact in letter and spirit. We<br />

further agree that the contract consisting <strong>of</strong> the above conditions <strong>of</strong> NIT as the <strong>of</strong>fer nd<br />

the submission <strong>of</strong> Bid as the Acceptance shall be separate and distinct from the contract<br />

which will come into existence when bid is finally accepted by HPCL.<br />

The consideration for this separate initial contract preceding the main contract is that<br />

HPCL is not agreeable to sell the NIT to the Bidder and to consider the bid to be made<br />

except on the condition that the bid shall be kept open for ……… days after the last date<br />

fixed for the receipt <strong>of</strong> the bids and the Bidder desires to make a bid on this condition and<br />

after entering into this separate initial contract with HPCL.<br />

HPCL promises to consider the bid on this condition and the Bidder agrees to keep the<br />

bid open for the required period. These reciprocal promises form the consideration for<br />

this separate initial contract between the parties.<br />

If Bidder fails to honour the above terms and conditions , HPCLshall have unqualified,<br />

absolute and unfettered right to encash / forfeit the bid security submitted in this behalf.<br />

Yours faithfully, Yours faithfully<br />

(BIDDER) (PURCHASER)<br />

33 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


(One copy <strong>of</strong> this agreement duly signed must be returned alongwith <strong>of</strong>fer).<br />

INTEGRITY PACT<br />

Between<br />

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The<br />

Principal”,<br />

and<br />

………………………………………………………. hereinafter referred to as “The<br />

Bidder/Contractor”<br />

Preamble<br />

The Principal intends to award, under laid down organization procedures, contract/s for<br />

………………………………………… The Principle values full compliance with all<br />

relevant laws and regulations, and the principles <strong>of</strong> economic use <strong>of</strong> resources, and <strong>of</strong><br />

fairness and transparency in its relations with its Bidders/s and Contractor/s.<br />

In order to achieve these goals, the Principal cooperates with the renowned international<br />

Non-Governmental Organisation “Transparency International” (TI). Following TI’s<br />

national and international experience, the Principal will appoint an external independent<br />

Monitor who will monitor the tender process and the execution <strong>of</strong> the contract for<br />

compliance with the principles mentioned above.<br />

Section 1 – Commitments <strong>of</strong> the Principal<br />

(1) The Principal commits itself to take all measures necessary to prevent<br />

corruption and to observe the following principles:<br />

1. No employee <strong>of</strong> the Principal, personally or through family members, will in<br />

connection with the tender for, or the execution <strong>of</strong> a contract, demand, take a promise for<br />

or accept, for him/herself or third person, any material or immaterial benefit which he/she<br />

is not legally entitled to.<br />

2. The principal will, during the tender process treat all Bidders with equity and reason.<br />

The Principal will in particular, before and during the tender process, provide to all<br />

Bidders the same information and will not provide to any Bidder confidential / additional<br />

information through which the Bidder could obtain an advantage in relation to the tender<br />

process or the contract execution.<br />

3. The principal will exclude from the process all known prejudiced persons.<br />

(2) If the Principal obtains information on the conduct <strong>of</strong> any <strong>of</strong> its employees which is a<br />

criminal <strong>of</strong>fence under the relevant Anti-Corruption Laws <strong>of</strong> India, or if there be a<br />

substantive suspicion in this regard, the Principal will inform its Vigilance Office and in<br />

addition can initiate disciplinary actions.<br />

34 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Section 2 – Commitments <strong>of</strong> the Bidder / Contractor<br />

(1) The Bidder / Contractor commits itself to take all measures necessary to prevent<br />

corruption. He commits himself to observe the following principles during his<br />

participation in the tender process and during the contract execution.<br />

1. The Bidder / Contractor will not, directly or through any other person or firm, <strong>of</strong>fer,<br />

promise or give to any <strong>of</strong> the Principal’s employees involved in the tender process or the<br />

execution <strong>of</strong> the contract or to any third person any material or immaterial benefit which<br />

he/she is not legally entitled to, in order to obtain in exchange any advantage <strong>of</strong> any kind<br />

whatsoever during the tender process or during the execution <strong>of</strong> the contract.<br />

2. The Bidder / Contractor will not enter with other Bidders into any undisclosed<br />

agreement or understanding, whether formal or informal. This applies in particular to<br />

prices, specifications, certifications, subsidiary contracts, submission or non-submission<br />

<strong>of</strong> bids or any other actions to restrict competitiveness or to introduce cartelisation in the<br />

bidding process.<br />

3. The Bidder / Contractor will not commit any <strong>of</strong>fence under the relevant Anticorruption<br />

Laws <strong>of</strong> India; further the Bidder / Contractor will not use improperly, for<br />

purposes <strong>of</strong> competition or personal gain, or pass on to others, any information or<br />

document provided by the Principal as part <strong>of</strong> the business relationship, regarding plans,<br />

technical proposals and business details, including information contained or transmitted<br />

electronically.<br />

4. The Bidder / Contractor will, when presenting his bid, disclose any and all payment he<br />

has made, is committed to or intends to make to agents, brokers or any other<br />

intermediaries in connection with the award <strong>of</strong> the contract.<br />

(2) The Bidder / Contractor will not instigate third persons to commit <strong>of</strong>fences<br />

outlined above or be an accessory to such <strong>of</strong>fences.<br />

Section 3-Disqualification from tender process and exclusion from future contracts<br />

If the Bidder, before contract award has committed a transgression through a violation <strong>of</strong><br />

Section 2 or in any other form such as to put his reliability or credibility as Bidder into<br />

question, the Principal is entitled to disqualify the Bidder from the tender process or to<br />

terminate the contract, if already signed, for such reason.<br />

(1) If the Bidder/Contractor has committed a transgression through a violation <strong>of</strong> Section<br />

2 such as to put his reliability or credibility into question, the Principal is entitled also to<br />

exclude the Bidder / Contractor from future contract award processes. The imposition and<br />

duration <strong>of</strong> the exclusion will be determined by the severity <strong>of</strong> the transgression. The<br />

severity will be determined by the circumstances <strong>of</strong> the case, in particular the number <strong>of</strong><br />

transgressions, the position <strong>of</strong> the transgressors within the company hierarchy <strong>of</strong> the<br />

Bidder and the amount <strong>of</strong> the damage. The exclusion will be imposed for a minimum <strong>of</strong> 6<br />

months and maximum <strong>of</strong> 3 years.<br />

(2) A transgression is considered to have occurred if the Principal after due consideration<br />

<strong>of</strong> the available evidence, concludes that no reasonables doubt is<br />

possible.<br />

35 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute<br />

right to resort to and impose such exclusion and further accepts and undertakes not to<br />

challenge or question such exclusion on any ground, including the lack <strong>of</strong> any hearing<br />

before the decision to resort to such exclusion is taken. This undertaking is given freely<br />

and after obtaining independent legal advice.<br />

(4) If the Bidder / Contractor can prove that he has restored / recouped the<br />

damage caused by him and has installed a suitable corruption prevention system, the<br />

Principal may revoke the exclusion prematurely.<br />

Section 4 – Compensation for Damages<br />

(1) If the Principal has disqualified the Bidder from the tender process prior to the award<br />

according to Section 3, the Principal is entitled to demand and recover from the Bidder<br />

liquidated damages equivalent to Earnest Money Deposit/Bid Security.<br />

(2) If the Principal has terminated the contract according to Section 3, or if the<br />

Principle is entitled to terminate the contract according to Section 3, the Principal shall be<br />

entitled to demand and recover from the Contractor liquidated damages equivalent to<br />

Security Deposit / Performance Bank Guarantee.<br />

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur<br />

subject only to condition that if the Bidder / Contractor can prove and establish that the<br />

exclusion <strong>of</strong> the Bidder from the tender process or the termination <strong>of</strong> the contract after<br />

the contract award has caused no damage or less damage than the amount <strong>of</strong> the<br />

liquidated damages, the Bidder / Contractor shall compensate the Principal only to the<br />

extent <strong>of</strong> the damage in the amount proved.<br />

Section 5 – Previous Transgression<br />

(1) The Bidder declares that no previous transgression occurred in the last 3 years with<br />

any other Company in any country conforming to the TI approach or with any other<br />

Public Sector Enterprise in India that could justify his exclusion from the tender process.<br />

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from<br />

the tender process or the contract, if already awarded, can be terminated for such reason.<br />

Section 6 – Equal treatment <strong>of</strong> all Bidders / Contractors / Subcontractors<br />

(1) The Bidder / Contractor undertakes to demand from all subcontractors a<br />

commitment in conformity with this Integrity Pact, and to submit it to the Principal<br />

before contract signing.<br />

(2) The Principal will enter into agreements with identical conditions as this one with all<br />

Bidders, Contractors and Subcontractors.<br />

(3) The Principal will disqualify from the tender process all bidders who do not sign this<br />

Pact or violate its provisions.<br />

36 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Section 7 – Criminal charges against violating Bidders/Contractors/Subcontractors<br />

If the Principal obtains knowledge <strong>of</strong> conduct <strong>of</strong> a Bidder, Contractor or Subcontractor,<br />

or <strong>of</strong> an employee or a representative or an associate <strong>of</strong> a Bidder, Contractor or<br />

Subcontractor which constitutes corruption, or if the Principal has substantive suspicion<br />

in this regard, the Principal will inform the Vigilance Office.<br />

Section 8 – External Independent Monitor / Monitors (three in number depending<br />

on the size <strong>of</strong> the contract) (to be decided by the Chairperson <strong>of</strong> the Principal)<br />

(1) The Principal appoints competent and credible external independent Monitor for this<br />

Pact. The task <strong>of</strong> the Monitor is to review independently and objectively, whether and to<br />

what extent the parties comply with the obligations under this agreement.<br />

(2) The Monitor is not subject to instructions by the representatives <strong>of</strong> the parties and<br />

performs his functions neutrally and independently. He reports to the Chairperson <strong>of</strong> the<br />

Board <strong>of</strong> the Principal.<br />

(3) The Contractors accepts that the Monitor has the right to access without restriction to<br />

all Project documentation <strong>of</strong> the Principal including that provided<br />

by the Contractor. The Contractor will also grant the Monitor, upon his request and<br />

demonstration <strong>of</strong> a valid interest, unrestricted and unconditional access to this project<br />

documentation. The same is applicable to Subcontractors. The Monitor is under<br />

contractual obligation to treat the information and documents <strong>of</strong> the Bidder / Contractor /<br />

Subcontractor with confidentiality.<br />

(4) The Principal will provide to the Monitor sufficient information about all meetings<br />

among the parties related to the Project provided such meetings could have an impact on<br />

the contractual relations between the Principal and the Contractor. The parties <strong>of</strong>fer to the<br />

Monitor the option to participate in such meetings.<br />

(5) As soon as the Monitor notices, or believes to notice, a violation <strong>of</strong> this agreement, he<br />

will so inform the Management <strong>of</strong> the Principal and request the Management to<br />

discontinue or heal the violation, or to take other relevant action. The Monitor can in this<br />

regard submit non-binding recommendation. Beyond this, the Monitor has no right to<br />

demand from the parties that they act in a specific manner, refrain from action or tolerate<br />

action. However, the Independent External Monitor shall give an opportunity to the<br />

bidder / contractor to present its case before making its recommendations to the Principal.<br />

(6) The Monitor will submit a written report to the Chairperson <strong>of</strong> the Board <strong>of</strong> the<br />

Principal within 8 to 10 weeks from the date <strong>of</strong> reference or intimation to him by the<br />

‘Principal’ and, should the occasion arise, submit proposals for correcting problematic<br />

situations.<br />

(7) Monitor shall be entitled to compensation on the same terms as being extended to /<br />

provided to Outside Expert Committee members / Chairman as prevailing with Principal.<br />

37 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


(8) If the Monitor has reported to the Chairperson <strong>of</strong> the Board a substantiated suspicion<br />

<strong>of</strong> an <strong>of</strong>fence under relevant Anti-Corruption Laws <strong>of</strong> India, and the Chairperson has not,<br />

within reasonable time, taken visible action to proceed against such <strong>of</strong>fence or reported it<br />

to the Vigilance Office, the Monitor may also transmit this information directly to the<br />

Central Vigilance Commissioner, Government <strong>of</strong> India.<br />

(9) The word ‘Monitor’ would include both singular and plural.<br />

Section 9 – Pact Duration<br />

This Pact begins when both parties have legally signed it. It expires for the Contractor 12<br />

months after the last payment under the respective contract, and for all other Bidders 6<br />

months after the contract has been awarded. If any claim is made / lodged during this<br />

time, the same shall be binding and continue<br />

to be valid despite the lapse <strong>of</strong> this pact as specified above, unless it is discharged /<br />

determined by Chairperson <strong>of</strong> the Principal.<br />

Section 10 – Other provisions<br />

(1) This agreement is subject to Indian Law. Place <strong>of</strong> performance and jurisdiction is the<br />

Registered Office <strong>of</strong> the Principal, i.e. Mumbai. The Arbitration clause provided in the<br />

main tender document / contract shall not be applicable for any issue / dispute arising<br />

under Integrity Pact.<br />

(2) Changes and supplements as well as termination notices need to be made in<br />

writing. Side agreements have not been made.<br />

(3) If the Contractor is a partnership or a consortium, this agreement must be<br />

signed by all partners or consortium members.<br />

(4) Should one or several provisions <strong>of</strong> this agreement turn out to be invalid, the<br />

remainder <strong>of</strong> this agreement remains valid. In this case, the parties will strive to come to<br />

an agreement to their original intentions.<br />

----------------------------- -----------------------------<br />

For the Principal For the Bidder/Contractor<br />

Place……………………………. Witness 1: ……………………<br />

Date……………………………… Witness 2: …………………..<br />

38 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


Tender No. : -HD-14001<br />

UNPRICED BID<br />

(PLEASE DONOT QUOTE ON THIS SHEET)<br />

Subject : Providing and handling Mega warehouse<br />

Lubes – at Gurgaon<br />

ATTACHMENT – 10<br />

Contract Period : 2 years from the date <strong>of</strong> LOI/PO & Extendable for another two<br />

years at HPCL discretion.<br />

I/ We hereby confirm the following:<br />

PART A: WAREHOUSE HANDLING CHARGES IN RUPEES PER MONTH<br />

BASIS (LUMP SUM)<br />

Slab<br />

a) 0 – 1000 KL/MT<br />

b) 1001 KL – 2000<br />

KL/MT<br />

c) 2001 KL – Above<br />

KL/MT<br />

Quantity per month –<br />

KL/MT<br />

1000<br />

1000<br />

500<br />

Rate in Rs. Per KL/MT<br />

per month<br />

(Fig.)<br />

---------------------------------<br />

----<br />

(Word)<br />

(Fig.)<br />

---------------------------------<br />

----<br />

(Word)<br />

(Fig.)<br />

---------------------------------<br />

----<br />

(Word)<br />

PART B – FIXED CHARGES TOWARDS RENTAL AND PROVISION OF<br />

EQUIPMENT AND FACILITIES.<br />

39 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


MONTHLY CHARGES RS ------------------------------------ IN FIG.<br />

( RS -----------------------------------) IN WORDS<br />

THE VENDOR SHOULD OFFER FOR FULL QUANTITIES.<br />

THE ABOVE RATE SHOULD BE FIRM FOR 4 YEARS.<br />

PLEASE DO NOT QUOTE IN THIS SHEET.<br />

SIGNATURE & SEAL OF THE<br />

TENDERER<br />

SIGNATURE & SEAL OF THE TENDERER<br />

40 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


PRICED BID<br />

Tender No. :…… HD-14001<br />

Annexure -11<br />

Subject : Providing and handling Mega warehouse<br />

Lubes – at Gurgaon<br />

Contract Period : 2 years from the date <strong>of</strong> LOI/PO &<br />

Extendable for another two years at HPCL discretion.<br />

PART A: WAREHOUSE HANDLING CHARGES IN RUPEES PER MONTH<br />

BASIS (LUMP SUM)<br />

Slab<br />

a) 0 – 1000 KL/MT<br />

b) 1001 KL – 2000<br />

KL/MT<br />

c) 2001 KL – Above<br />

KL/MT<br />

Quantity per month –<br />

KL/MT<br />

1000<br />

1000<br />

500<br />

Rate in Rs. Per KL/MT per<br />

month<br />

(Fig.)<br />

------------------------------------<br />

-(Word)<br />

(Fig.)<br />

------------------------------------<br />

-(Word)<br />

(Fig.)<br />

------------------------------------<br />

-(Word)<br />

PART B – FIXED CHARGES TOWARDS RENTAL AND PROVISION OF<br />

EQUIPMENT AND FACILITIES.<br />

MONTHLY CHARGES RS ------------------------------------ IN FIG.<br />

RS----------------------------------- IN WORDS<br />

SIGNATURE & SEAL OF THE<br />

TENDERER<br />

THE VENDOR SHOULD OFFER FOR FULL QUANTITIES.<br />

THE ABOVE RATE SHOULD BE FIRM FOR 4 YEARS.<br />

41 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


(SPECIMEN)<br />

BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT<br />

(On Non-Judicial stamp paper <strong>of</strong> Rs. 100/- )<br />

TO : Hindustan Petroleum Corporation Limited<br />

(Address as applicable)<br />

IN CONSIDERATION OF M/s. <strong>HINDUSTAN</strong> <strong>PETROLEUM</strong> CORPORATION<br />

LIMITED a Government <strong>of</strong> India Company registered under the Companies Act, 1956,<br />

having its registered <strong>of</strong>fice at 17, Jamshedji Tata Road, Bombay-20 (hereinafter called<br />

"The Corporation" which expression shall include its successor in business and assigns)<br />

issued a tender on M/s. ____________________a partnership firm/sole proprietor<br />

business/a company registered under the Companies Act, 1956 having its <strong>of</strong>fice at<br />

(hereinafter called "the <strong>Tenderer</strong>" which expression shall include its executors,<br />

administrators and assigns) against Tender No. _______________________ dated<br />

________ (hereinafter called "the tender" which expression shall include any<br />

amendments / alterations to "the tender" issued by "the Corp- oration") for the supply <strong>of</strong><br />

goods to/execution <strong>of</strong> services for "the Corporation" and "the Corporation" having<br />

agreed not to insist upon immediate payment <strong>of</strong> Earnest Money for the fulfilment <strong>of</strong> the<br />

said tender in terms there<strong>of</strong> on production <strong>of</strong> an acceptable Bank Guarantee for an<br />

amount <strong>of</strong> Rs. _________ (Rupees ___________ only).<br />

We, ____________________ Bank having <strong>of</strong>fice at ________________(hereinafter<br />

referred to as "the Bank" which expression shall include its successors and assigns) at<br />

the request and on behalf <strong>of</strong> "the <strong>Tenderer</strong>" hereby agree to pay to the Corporation<br />

without any demur on first demand an amount not exceeding Rs. _________ (Rupees<br />

_____________________ only) against any loss or damage, costs, charges and expenses<br />

caused to or suffered by "the Corporation" by reason <strong>of</strong> non performance and fulfilment<br />

or for any breach on the part <strong>of</strong> "the <strong>Tenderer</strong>" <strong>of</strong> any <strong>of</strong> the terms and conditions <strong>of</strong> the<br />

said "tender".<br />

We, _________________________ Bank further agree that "the Corporation" shall be<br />

sole Judge whether the said "<strong>Tenderer</strong>" has failed to perform or fulfill the said "tender"<br />

in terms there<strong>of</strong> or committed breach <strong>of</strong> any <strong>of</strong> the terms and conditions <strong>of</strong> "the order"<br />

and the extent <strong>of</strong> loss, damage, cost, charges and expenses suffered or incurred or<br />

would be suffered or incurred by "the Corporation" on account there<strong>of</strong> and we waive in<br />

favour <strong>of</strong> "the Corporation" all the rights and defences to which we as guarantors and/or<br />

"the <strong>Tenderer</strong>" may be entitled to.<br />

We, .__________________ Bank further agree that the amount demanded by "the<br />

Corporation" as such shall be final and binding on "the Bank" as to the Bank's liability<br />

to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation"<br />

the amount so demanded on first demand and without any demur notwithstanding any<br />

dispute raised by "the <strong>Tenderer</strong>" or any suit or other legal proceedings including<br />

arbitration pending before any court, tribunal or arbitrator relating thereto, our liability<br />

under this guarantee being absolute and unconditional.<br />

42 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>


We, _____________________ Bank further agree with "the Corporation" that "the<br />

Corporation" shall have the fullest liberty without our consent and without affecting in<br />

any manner our obligations hereunder to vary any <strong>of</strong> the terms and conditions <strong>of</strong> the said<br />

"tender" or to extend time <strong>of</strong> performance by “The <strong>Tenderer</strong>” from time to time or<br />

postpone for any time to time any <strong>of</strong> the powers exercisable by "the Corporation"<br />

against "the <strong>Tenderer</strong>" and to forbear to enforce any <strong>of</strong> the terms and conditions relating<br />

to "the tender" and we shall not be relieved from our liability by reason <strong>of</strong> any such<br />

variation or extension being granted to "the <strong>Tenderer</strong>" or for any forbearance, act or<br />

omission on the part <strong>of</strong> "the Corporation" or any indulgence by "the Corporation" to "the<br />

tenderer" or by any such matter or things whatsoever which under the law relating to<br />

sureties would but for this provision have the effect <strong>of</strong> relieving us.<br />

Notwithstanding anything hereinbefore contained, our liability under this Guarantee is<br />

restricted to Rs. ________ (Rupees ____________________only). Our liability under<br />

this guarantee shall remain in force until expiration <strong>of</strong> six months from the due date <strong>of</strong><br />

opening <strong>of</strong> the said "tender". Unless a demand or claim under this guarantee is made on<br />

us in writing within said period, that is, on or before _____________ all rights <strong>of</strong> "the<br />

Corporation" under the said guarantee shall be forfeited and we shall be relieved and<br />

discharged from all liabilities thereunder.<br />

We, ______________________ Bank further undertake not to revoke this guarantee<br />

during its currency except with the previous consent <strong>of</strong> "the Corporation" in Writing.<br />

We, ______________________ Bank lastly agree that "the Bank" 's liability under this<br />

guarantee shall not be affected by any change in the constitution <strong>of</strong> "the <strong>Tenderer</strong>". 8.<br />

"The Bank" has power to issue this guarantee in favour <strong>of</strong> "the Corporation" in terms <strong>of</strong><br />

the documents and/or the Agreement/Contract or MOU entered into between "the<br />

<strong>Tenderer</strong>" and "the Bank" in this regard.<br />

IN WITNESS WHEREOF the Bank has executed this document on<br />

this _________________ day <strong>of</strong> ____________<br />

For __________________ Bank<br />

(by its constituted attorney)<br />

(<strong>Signature</strong> <strong>of</strong> a person authorised<br />

to sign on behalf <strong>of</strong> "the Bank")<br />

43 <strong>Seal</strong> & <strong>Signature</strong> <strong>of</strong> <strong>Tenderer</strong>

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